- NATIONAL RAILROAD ADJUSTMENT BOARD
THIEF DIVISION Docket Number CL-23051
Martin F. Scheinman, Referee
Brotherhood of Railway, Airline and Steamship Clerks.
Freight Handlers, Express and Station Employes
PARTIES TO DISPVrE:
(Southern Pacific Transportation Company (Pacific Lines)
STATFMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8831) that:
(a) The Southern Pacific Transportation Company violated the
Clerks' Agreement on November 2,
1977,
at Eugene, Oregon, when it blocked
egress from the property and held the following employee on Company property
past their regular eight-hour shift: 0. A. Whitwer, E. M. Gile, T. W. 0'Connell,
K. L. Beazley, R. J. Olson., D. S. Knight and S. L. Estes.
(b) The Southern Pacific Transportation Company shall now be
required to allow the above named Claimants fifteen minutes additional compensation at the rate of t
1977.
OPINION OF BOARD: The Organization claims that Carrier violated the Agree
ment when it blocked egress from the property on Novem
ber 2,
1977,
at Eugene, Oregon and the following employee were detained from
leaving their regular eight
(8)
hour shifts: 0. A. Whitwer, E. M. Gile,
T. W. O'Connell, K. L. Beazley, R. J. Olson, T. S. Knight and S. L. Estes.
The Organization, therefore, claims fifteen (15) minutes additional compen
sation at the overtime rate of tine and one-half.
The Employee contend that Carrier violated Rules
9,
20 and 21 of
the Agreement. In relevant part, these rules state:
"Rule
9
- Day's Work and Work Week
(a) Except as otherwise provided in this article,
eight
(8)
consecutive hours' work, exclusive of the seal
period, shall constitute a day's work.
Rule 20 - Overtime
(a) Except as otherwise provided in these rules
time is excess of eight
(8)
hours, exclusive of the
meal period, on any day will be considered overtime
and paid on the .c±ozl m:Lzute basis at the rate of
tine and one-half.
Awsrd'Number
23330
Page 2
Docket Number M-23051
"Rule 20 - Overtime (continued)
(b) Work in excess of 40 straight time hours in
any work week shall be paid for at one and one-half
times the basic straight time rate except where such
work ,is performed by an employe due to moving from
one assignment to another or to o: frog a Guaranteed
Extra Board (extra list in San Francisco General
Offices), or where days off are being accumulated
under paragraph (g) (3) of Rule
9.
See Note to
this Rule.
Rule 21 - Notified or (filled
(a) An employe notified or called to perform
work not continuous with the regular work period
shall be allowed a minimum of two (2) hours at overtime rate for two (2) hours work or less, and if
on duty in excess of two (2) hours, the overtime rate
shall be allowed on the minute basis. Each call to
duty after being released shall be a separate call.
(b) An employe who has completed his regular
tour of duty and has been released, and who is required
to return for further service within less than one (1)
hour following such release, shall be compensated as
if on continuous duty."
The circumstances involved in this claim, must be addressed.
Claimants used a designated parking lot provided by Carrier. Access to this
parking lot is by means of a pedestrian subway under some of the yard tracts.
However, at the west end of the subway, the footpath is crossed by two sets
of surface tracks utilized occasionally for the purposes of switching and setting out cars to be rep
other side of these two sets of tracks.
Claimants went off duty sad left their work locations by means of
the pedestrian subway on November 2,
1977,
but were delayed approximately
fifteen (15) minutes by yard switching operations blocking access to the
parks lot.
It is undisputed that Claimants were detained when their access to
the parking lot was blocked by switching operations. It is also clear that
the inability to immediately get on the public streets caused an inconvenience to the employees invo
that Claimants are entitled to compensation. Rather, the essential question
is whether the inconvenience mused is a violation of the cited rules of
the Agreement.
Award Number
23330
Page
3
Docket Number CL-23051
After analyzing the evident=_ presented, we must conclude that
the rules do not entitle Claimants to compensation for the delay. Stated
simply, the rules do not appear to warrant compensation.
Each of these rules contemplate compensation in a situation
where there 3s either the performance of work or compensation for the time
utilized in connection with the performance of certain duties of as assignment wader the direction o
viewed as overtime work or call service. As such, there is an absence of
a specific rule t0 justify compensation. It is fundamental that this Board
does not have the authority to compensate employes for an inconvenience
absent a specific rule. See Award 13801.
Thus, given the fact that the deLy here is unusual and similar
in nature to the delay of any member of the public detained at s public
grade crossing by a train blocking traffic on public streets or highways,
we must conclude that these narrow set of circumstances do not warrant
sustai^~ the claim. Therefore, we will deny the claim.
FINDINGS: 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 Employee involved in this dispute are
respectively Carrier and Employee 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 Agreement was not violated.
A 57 A R
D
Claim denied.
NATIONAL RAILROAD ADj-JSIZ,!E?IT
BOARD
By Order of Third Division
ATTEST:
E;teeu ve Secretary
Dated at Chicago, Illinois, this 19th day of June 1981.