NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-23747
Carlton R. Sickles, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: "Claims of the General Commitee of the Brotherhood of
Railroad Signalmen on the Seaboard Coast Line Railroad:
Claim No. 1
General Chairman file: 23-J T Mitchum-79. Carrier file: 15-16(79-11)J
(a) Carrier violates the current Signalmen's Agreement, particularly
Rules 16,
18 & 57
.
(b) Carrier should now be required to compensate Mr. J. T. Mitchum,
Signal Maintainer, four hours and thirty minutes at his time and half rate of
pay. (For April 26, 1979)
Claim No. 2
General Chairman file: 24-A M Ezzell-79. Carrier file: 15-16(79-9)J
(a) Carrier violates the current Signalmen's Agreement, particularly
Rules 16,
18 & 57
.
(b) Carrier should now be required to compensate Mr. A. M. Ezzell,
Signal Maintainer, three hours at his time and half rate of pay. (For April 26,
1979)
Claim No. 3
General Chairman file: 25-V E Barnes-C M James-79. Carrier file:
15-16(79-10)J
(a) Carrier violates the current Signalmen's Agreement, particularly
Rules 16,
18 & 57
.
(b) Carrier should now be required to compensate Messrs. C. M.
James and V. E. Barnes three hours at their time and half rate of pay. (For
April 26, 1979)
Claim No. 4
General Chairman file: 26-Gang 10-79. Carrier file: 15-16(',9-12 )J
(a) Carrier violates the current Signalmen's Agreement, particularly
Rules 16,
18 & 57
.
Award Number 23899 Page 2
Docket Number SG-23747
(b) Carrier should now be required to compensate Signal Gang Z'L'10
employees D. W. Lloyd, D. B. Grice, H. A. Melton, I. Bennett, R. T. Warnock,
K. E. Bartley, C. C. Clayton and T. L. Woodard three hours at their time and
one half rate of pay for services performed on June 4, 1979.
Claim No. 5
General Chairman file: 27-J W Harrington et al-79. Carrier file:
15-16(79-15)J
(a) Carrier violates the current Signalmen's Agreement, as amended,
particularly Rules 16, 18 & 57.
(b) Carrier should now be required to compensate Messrs. J. W.
Harrington and J. L. Tunnicliff five hours and forty minutes; V. E. Smith four
hours and thirty five minutes; G. M. Lovin two hours and forty five minutes;
E. T. Brown three hours and fifteen minutes; R. D. Allen, D. T. Karle and C. B.
Terry two hours and thirty minutes, at their time and one half rate of pay.
(For April 26, 1979)"
OPINION OF BOARD: The Organization has filed a claim for overtime payments
for employees attending operating rules classes outside
of, and in addition to, their normal employment hours.
It is agreed by both the Organization and the Carrier that the
employees were required by the Carrier to attend these meetings outside
regular hours.
The Claimants cite Rule 16 which requires payment to employees who
perform services outside of the normal working hours.
A review of the many Awards on this subject matter reveals that they
have held that classes on operating rules and safety rules are an exception
to the general proposition that any time an employee is directed by the Carrier,
he is performing work or service. See Award 21267 and 20323. We do not find
anything materially different about the facts in this case to cause us to
change the opinions as cited in those Awards.
For these reasons, the Board will deny the claims.
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 Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
Award Number
23899
Docket Number
SG-23747
Page
3
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claims denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Rosemarie Brasc -Administrative Assistant
Dated at Chicago, Illinois, this
26th
day of May
1982.