NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION DDcket Number MW-26239
Edward L. Suntrup, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES 7n DISPUTE:
(National Railroad Passenger Corporation
(Amtrak) - Northeast Corridor
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
Trackman F. Richards shall be allowed fifty-eight and one-half
(58 1/2) hours of pay because his pay check was not delivered to him on July
8, 1983 in compliance with Rule 85 (System File NEC-BMWE-SD-703)."
OPINION OF BOARD: A pay Claim was filed by the District Chairman of the
Organization for the Claimant on August 30, 1983, on the
grounds that the Carrier had been in violation of Rule 85 of the operant
Agreement. This Rule states the following:
"Employes shall receive their pay checks during
their regular working hours, bi-weekly, except
where existing State laws require that they be
paid more frequently. Pay checks will contain
an itemized record of all deductions from employes'
earnings."
The record shows that the Claimant was recalled from furlough to the Carrier's
TLS operation effective July 1, 1983. He was given his first pay check at the
beginning of his shift on
July
11, 1983. The contention of the Claim is that
the Claimant should have received his first pay check on Friday,
July
8, 1983,
rather than the following Monday. Relief requested is pay for the amount of
time which the Claimant had to wait from the afternoon of
July
8, 1983, until
the morning of
July
11, 1983.
The Carrier admits that it made a good faith effort to have the
Claimant's first check ready as soon as possible after he returned from
furlough but that " .. adjustment of (the) Claimant's records within the
payroll system could not be made in time to have a check available for (the)
Claimant on July 8, 1983." The check was ready for the Claimant, therefore,
at the beginning of his shift on Monday morning. It is the position of the
Board that this good faith effort on the part of the Carrier was sufficient to
fulfill the intent of Rule 85 of the working Agreement, and that no violation
of contract occurred. Absent violation of the Agreement the Board need not
address the question of damages requested by 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;
Award Number 26197 Page 2
Locket Number MW-26239
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. r - Executive Secretary
Dated at Chicago, Illinois, this 24th day of November 1986.