NATIONAL
RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Richard R. Rasher, Referee
PARTIES TO DISPUTE:
Award Number 22704
Docket Number SG-22544
(Brotherhood of Railroad Signalmen
(
(Missouri Bacific Railroad Company
( (former Texas and Pacific Railway Company)
STATEMENT OF CLAIM: "Claims of the General Committee of the Brotherhood
of Railroad Signalmen on the former Texas and Pacific
Railway Company:
Claim No. 1. Carrier file: B 315-137
On behalf of Communications Maintainer G. W. Bennea, New Orleans,
for the additional payments listed below, account not being properly compensated for services render
hours (Cupertino, California) on October 30 and 31 and on November 6, 7,
and 9, 1976. Payments due under the Memorandum of Agreement of December 19,
1968, file 380-1167-1, the National double time rule and rule 28(k) of the
Texas and Pacific Signalmen's Agreement.
S.T. Rate Date 0. 1. Hrs. D.T. Iirs.
($1500.22 per mo.) (1976)
10/30 16 8
10/31 16 8
11/ 6 16 8
11/ 7 16 8
11/ 9 4.3
68.3 32
Claim No. 2. Carrier file: B 315-136
On behalf of Communications Maintainer L. T. Gilmore, Avondale,
Louisiana, for the additional payments listed below, account not being
properly compensated for service rendered off his assigned territory outside working hours (Albuquer
Payments due under the Memorandum of Agreement of December 19, 1968, file
380-1167-1, the National double time rule and Rule 28(kj of the Texas and
Pacific Signalmen's Agreement.
Award Number 22704 Page 2
Docket Number SG-22544
"C la ims
S.T. Rate Date 1/2 T. Hrs. S.T. Hrs. O.T. Hrs. D.T. Hrs.
($1500.22 per mo.) (Oct. 76)
3 3
4 16 8
5 8 8 8
8
4
8 7 24 16"
OPINION OF BOARD; Claimants were both selected to attend schools outside
of their regularly assigned territories for periods
of time which included standby days and rest days.
While at school, Claimants continued to receive their regular pay.
They were also compensated for all travel expenses. Classes ran for five
days a week.
One of the Claimants is headquartered in New Orleans, Louisiana.
He attended school in Cupertino, California to study about the installation
of a
computerized automatic
dial telephone plant. He spent a total of
sixteen (16) days, from Sunday October 24, 1976 to Tuesday November 9, 1976
in the program. Although Saturday is his standby day (for which he was
paid) and Sunday is his rest day, this Claimant received no extra pay for
the two weekends he spent in Cupertino. He was allowed time and one half
for time spent traveling to California but was given no allowance for
travel time beyond his normal hours on his return.
The other Claimant is headquartered in Avondale, Louisiana.
He attended school in Albuquerque, New Mexico for a total of five days
where he was instructed in the proper procedures to follow for adjusting
and maintaining a microwave system. While in school he received his
regular pay for Monday October 4, 1976 (a standby day) and eight (8) hours
straight time pay for Tuesday October 5 (a rest day). He was allowed
travel time on October 3 and 9 at his half-time rate.
The Organization initiated claims on behalf of the two employes,
stating that they were entitled to continuous pay at the time and one-half
and double-time rates, except during regular working hours, from the time
they left their residences until they returned home. The claims were
progressed separately, but have been combined for submission to the Board
since they involve the identical issue.
Award Number 22704 Page 3
Docket Number SG-22544
The Organization contends that "going to school off of an
employe's regular assigned territory under orders from the Carrier
(should be) considered work and/or service under the Agreement."
Specifically, the Organization contends that the Carrier violated a
December 19, 1968 Memorandum of Agreement, the National Double Time Rule,
and Rule 28 (k) when it did not reimburse the Claimants for "travel time
pay (and) time worked during or outside of their regularly assigned
hours on their respective rest days."
The Memorandum of Agreement provides, for communications
maintainers, that;
"Monthly rated communications maintainers required to
perform work on other than their assigned territories
outside their assigned hours on the first five days of
their work week and on the sixth day of their work week
and on holidays will be compensated therefor in accordance with rules applicable to hourly rated emp
addition to their regular monthly rate."
Nile 28(k) provides that:
"Service rendered by employes on assigned rest days
shall be paid for under the call rule, Rule 19.
Regular assigned rest days will not be changed except
by written agreement with the General Chairman and
48 hours advance notice to employes affected."
The National Double Time Rule is discussed below.
The Organization contends that it is because the employes were
assigned to go to school an other than their regularly assigned territories
that the time in school constitutes work under the Agreements.
The Organization additionally argues that two Third Division
Awards cited by the Carrier (21394 and 21414) are not relevant to the issue
since they involved distinguishable factual situations and, in one case
the employes were not covered by the December 19, 1968 memorandum.
It is the Carrier's position that "attending a training school
is not work or service." The Carrier contends that the training was of
"mutual interest" and that, where there is such mutuality, the Board has
repeatedly rejected any claim for monetary allowances in such circumstances.
Award Number 22704 Page 4
Docket Number
SG-22544
The Carrier specifically rejects claims for continuous pay under
the December 19, 1968 Memorandum Agreement and under Rule 28(k) since
these agreements are only concerned with payments for "work" and for
"service rendered." The Carrier rejects the claim for double-time pay
under Article V of the November 16, 1971 National Agreement (The National
Double Time Rule) since the Organization exercised an option to be excluded
from the rule's application, retaining a more favorable rule already in
existence on the property. Moreover, the Carrier argues, the double-time
issue is moot.
The Carrier additionally points out that the Claimants never
contended that there was no mutuality of interest in their attendance at
the training schools.
Importantly, the Agreements between the parties contain no
provisions which specifically require compensation for attendance at a
training class. Accordingly, it is incumbent upon the Board to determine
if the words "work" and "service," as contained in the Agreements, are
broad enough to include the type of situation here under consideration.
In Award 10808 (Moor:) and later in Awards 20323 (Sickles) and
20707 (Lieberman) it was noted that:.
"There are exceptions to time consumed by an employee
when directed by the Carrier as being considered 'work'
or 'service.' One of those exceptions was held to be
where the circumstance contains a mutuality of interest."
In all three of these cited cases mandatory attendance at a training or
safety class was found to involve a mutuality of interest.
In the cases before us, the Claimants as well as the Carrier
benefited by the instruction. Thus, where the Claimants were required to
be in class or merely to spend a rest day outside their territory, the
Board must find that the mutually beneficial training was not the same
as work or service.
This is not to say that reasonable minds might not differ in
determining the appropriate application of the Agreements. Nevertheless,
numerous awards have held that training, in circumstances such as these,
is not the same as work or service. This Board finds no reason to depart
from that precedent.
Award Number 22704 Page 5
Docket Number SG-22544
FILINGS; The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute
are respectively Carrier and Employes within the meaning of the Railway
Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreements were not violated.
A W A R D
Claims denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
~~".~L
Executive Secretary
Dated at Chicago, Illinois, this llth day of January 1980.