NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25889
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
'Trackman D.
D.
LaGrange shall be allowed payment for a call (four
hours for two hours forty minutes work or less) because he was called to
perform work May 14, 1983 but not used (System File 20-33-8316/ 11-340-40-1)."'
OPINION OF BOARD: Claimant
D. D.
LaGrange, a Trackman, was called to perform
work on his rest day, Saturday, May 14, 1983. He was
notified to report to work in connection with track damage caused by a
derailment. After preparing to go to work, he received a second call
informing him that he was no longer needed. As such, by letter of July 6,
1983, the General Chairman presented a Claim on his behalf for Carrier's
alleged violation of Rule 33, Section (h) which reads in pertinent part:
"Rule 33
Section (h) - - Calls. Except as otherwise
provided in these rules, employes notified or
called to perform work before or after but not
continuous with the regular work period will be
allowed a minimum of four (4) hours for two hours
forty minutes (2'40") work or less."
Carrier's response by letter of October 3, 1983 was that no violation
of the Rule occurred. Carrier argued that although the Organization focused
upon the fact that Claimant had been "called to perform work," the proper
meaning of the Rule came from payment "for two hours forty minutes work or
less." Since Claimant performed no work, Claimant was due no compensation.
As such, Carrier had applied the Rule correctly and no Rule violation had
occurred.
This Board has carefully reviewed the instant case and finds for :he
Carrier. In the case at bar the primary duty of this Board is to interpret
the Rule as written to determine its proper application. What is "proper"
:5
the intent of the parties who by such language provided meaning to their
Collective Bargaining Agreement. In the absence of strong probative evidence
to the contrary, this Board must focus upon the words used by the parties
(Third Division 13991, 13828).If the contracting parties intended to pay
Award Number 25976 Page 2
Docket Number MW-25889
from time of call they would have constructed the governing language of their
agreement to say so, as was the case in Third Division Award 18585. In the
case at bar they did not do so. The Rule before us is a Work Rule and the
Claimant performed no work for the Carrier whatsoever. As such, this Board
finds no merit to 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 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 Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. eve
41
" s - Executive Secretary
Dated at Chicago, Illinois, this 14th day of March 1986.