NATIONAL RAI1itOAD ADri~T'AEXT BOARD
THIRD DIMIOK Docket Number MW-22350
Robert A. Franden, Referee
Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Chicago. Milwaukee, St. Paul and Pacific
(. Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) (a) The Agreement was violated when the Carrier failed and
refused to compensate members of Gang
5630
for time worked preceding
and following their regularly assigned work periods on September 15,
16, 17, 20, 21, 22, 23, 24, 27, 28, 29 and 30, 1976.
and
(b) the Agreement was further violated when members of
Gang 5530 were not allowed mileage for the use of their automobiles
in the performance of the service covered by 1(a) above. (System File
C#91/D-1956)
(2) As a consequence of the aforesaid violations the claimants
shall be allowed
pay
and mileage as follows:
E. Arnold 240 miles S: 12¢ per mile
22 bra. at 1-1/2 times
Asst. Foremen's rate
W. L. Evans 1160 miles dt 12f per. mile
24 bra. 40 min. at 1-1/2times
Machine Operator's rate _
J. M. Elsen 1040 miles 0 12¢ per mile
22 bra. at 1-1/2 times
Machine Operator's rate
D. V. Johnson 1040 miles @ 12¢ per mile
22 bra. at 1-1/2 time
Machine Operator's rate
R. J. Beitlich 48 miles @ 120 per mile
18 bra at 1-1/2 times
Laborer's rate
Award Number 22466
Pete
2
Docket Number 16-22350
W. P. Michnta 44 miles @ 12¢ per mile
15 bra. at 1-1/2 times
Laborer's rate
W. J. Craig 24 miles 0 12¢ per mile
18 bra. at 1-1/2 times
Laborer's rate
D. G. Pretasky 160 miles @ 12¢ per mile
8 bra. 40 min. at 1-1/2 times
Laborer's rate
M. G. Craig 24 miles @ 12¢ per mile
18 bra. at 1-1/2 times
Laborer's rate
J. J. Brezinski 100 miles @ 120 per mile
16 bra. 40 min. at 1-1/2 times
Laborer's rate
W. J. Peters 1260 miles N 12¢ per mile
23 bra. 30 min. at 1-1/2 times
Laborer's rate."
OP33ION OZ BQJMVt It is alleged that the Carrier violated rules 21,
_- ~2 2 , 5
and
24 when it required the claimant
members of
Gma
#5530 to assemble at New Albin,, Wisconsin and refused
to compensate then for time spent traveling from their homes to the
assembly point.
The starting and ending time of an employe is determined by
the application of rule 21.
"iM:ie 21 - Employee' time will start and end at
designated assembling points for each
class of employes. except as specified .
in Rule 26. Bridge and Building crews,
time will be compabod from the starting
time at the tool house, shop or outfit
car and will terminate upon arrival at
the same. Section crews' time will be
computed from the starting time at the
tool house or regular starting point and
will terminate upon arrival at the same."
Award Number 2'2464 page
3
Docket Number
Iii-22350
In the instant case the claimants are assigned to outfit
cars stationed at Winona, ltimesota. On the claim dates the claimants
had elected not to utilize the camp care bat were living at their
respective hones. Further, they did not report to Winans, Nimexota
prior to traveling to the work site.
Under the set of fact presented in this case the claimants
are not entitled to the compensation claimed. There is no provision
in the agreement for the payment for time spent traveling between the
hones of these claimants and the assembly point. We cannot rewrite
the rule to substitute their home for the camp cars.
FIlmIM: The Third Division of the Adjustment Hoard, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Enployes involved in this dispute
are respectively Carrier and Employes within the meaning of the Railway
1Abor Act, as approved June 21,
1934;
That this Division of the Adjustment Hoard has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTIM DOM
By Order of Third Division
ATTEST:
PA&'&~
Dated at Chicago, I311nois, this 31st day of July
1979.