NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number CL-24942
Rodney E. Dennis, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Delaware and Hudson Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9692) that:
(a) Carrier violated the Agreement, specifically Rule 8(A) when, on
May 5, 1981, Claimant C. J. Penzone was required to attend a Carrier investigation
as witness for Carrier but refused to compensate Claimant Penzone for time in
attendance.
(b) Claimant Penzone be compensated four and one-half hours pay at
the pro rata rate for May 5, 1981.
OPINION
OF BOARD: Claimant Penzone was regularly assigned as a Telegrapher-Clerk
on the 11:00 p.m. to 7:00 a.m. shift at Hudson, Pennsylvania.
He was directed to appear at a hearing on the morning of May 5, 1981, at Scranton,
Pennsylvania. He attended the hearing for four and one-half (4 1/2) hours.
Carrier relieved Claimant from duty on May 4th and May 5th to avoid a violation
of the Hours of Service Law. It did not, however, pay Claimant for the time in
attendance at the hearing. Petitioner contends that Claimant should have been
paid for that time, even though he was relieved from duty and paid for the
shift before and after the hearing date. Petitioner relies on Article
No.
8 of
the Controlling Agreement for its support. Article No. 8 reads as follows:
"ARTICLE
NO.
8
"(A) Regularly assigned employes required by Carrier to
attend court or inquest, to act as witnesses, or of perform
other services of a like nature for the Carrier will be
furnished transportation plus legitimate expenses and be
paid for the actual wages lost from their position and/or
actual time with a minimum of (3) hours at pro rata rate for
time devoted to such service outside of assigned hours
or on rest days..."
Carrier contends that Claimant was properly paid since he was paid for
not working the shift before and after the hearing. He was relieved from
work so that he could attend the hearing and so that Carrier would not be in
conflict with the Hours of Service Act. Article No. 8 does not require more.
Award Number 25286 Page 2
Docket Number CL-24942
This Board has reviewed the record and the contract language involved
here and must conclude that Petitioners position is the more persuasive. Article
No. 8 states that employes who are directed to attend hearings as Carrier witnesses
will be paid for all lost time or time spent outside of assigned hours or on
rest days. Claimant was in attendance for four-and-one-half hours outside his
assigned working hours. Article No. 8 requires that he be paid for this time.
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;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
Thet the Agreement was violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
. Nancy J. ver - Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1985.
G
i
W