Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27164
THIRD DIVISION Docket No. CL-26696
88-3-85-3-448
The Third Division consisted of the regular members and in
addition Referee Elliott H. Goldstein when award was rendered.
(Brotherhood of Railway, Airline and Steamship Clerks,
(Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10027) that:
1. Carrier violated the Clerks' Rules Agreement when it called
Claimant R. C. Leathers to perform service on two (2) separate occasions on
his rest day and compensated him for only one (1) rest day call payment for
June 9, 1984.
2. Carrier's action is in violation of Rule 26(a) of the Agreement
between the parties.
3. Carrier shall now be required to compensate Claimant Leathers for
one additional rest day call of five (5) hours twenty (20) minutes at the time
and one-half rate for claim date, June 9, 1984."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employees involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The events precipitating the instant claim are not in dispute. At
all times relevant, Claimant was assigned to the position of TelegrapherClerk, Job Number 391, at Ma
A.M. to 3:00 P.M., with rest days on Saturday and Sunday.
On Saturday, June 9, 1984, Claimant's assigned rest day, Carrier
called him to report for duty. The Claimant reported at 4:35 P.M. and was
told to copy and deliver train orders to the EXTRA UP 2904 East. He completed
this assignment at 5:25 P.M. and was told by the Carrier's dispatch that he
could return home. On the same date, Claimant was again called and reported
at 6:15 P.M. Upon arriving at the depot he was told to copy and deliver train
orders to the EXTRA 3082 West. He completed this assignment at 6:46 P. M. and
was released by the dispatcher.
Form 1 Award No. 27164
Page 2 Docket No. CL-26696
88-3-85-3-448
Claimant filed a request for two "call payments" each for five hours
and twenty minutes at the time and one-half rate of pay.
At issue here is the interpretation and application of two rules in
the Agreement which provide for overtime, calls, rest day and holiday work
rules. They state as follows:
"Rule 26
Rest Day and Holiday Work
(a) Service on Rest Days.
Service rendered by employes on their assigned rest
days shall be paid for under the provisions of Rule
25 (f) with a minimum of 5 hours and 20 minutes at
the time and one-half rate, unless relieving an
employe assigned to such day, in which case they
will be paid the rate of the position occupied with
a minimum of eight hours at the time and one-half
rate.
Rule 25
Overtime and Calls
(f) Employes notified or called to perform work
not continuous with, before or after the regular
work period, shall be allowed a minimum of three
(3) hours for two (2) hours' work or less, and if
held on duty in excess of two (2) hours, time and
one-half will be allowed on a minute basis."
The Organization's position is that it is the number of calls the
employee receives on his rest days, and not the amount of work performed,
which determines what the employe is to be paid. Not surprisingly, Carrier
disagrees, and argues that it is the actual work or "service" performed by the
Claimant, in this case a total of one hour and twenty-one minutes, that determine the amount of paym
than the minimum five hours and twenty minutes provided in Rule 26 (a),
Claimant should not be paid twice the minimum amount. Had the work taken
longer than five hours and twenty minutes to accomplish or if the work on the
rest day was performed at two different times falling outside a five hour and
twenty minute time span, the Carrier concedes that the Organization would have
a valid argument. In this case, however, where the work was completed in one
hour and twenty-one minutes and it was performed within a time span of two
hours and eleven minutes, the Carrier contends the claim must be denied.
Form 1 Award
No.
27164
Page 3 Docket
No.
CL-26696
88-3-85-3-448
The Board has reviewed the record in this case as well as the precedent awards cited by the part
the facts contained in this record, we are persuaded that the logic and reasoning of Second Division
the Board was called upon to interpret a contract provision similar to that at
issue here, one in which employes called or required to report to work were
allowed a minimum of four hours for two hours and forty minutes or less. In
sustaining the claim, the Board noted:
"The Agreement makes no allowances for combining
calls nor did the record contain any facts to
support Carrier's statement that it had always
combined calls and paid on a continuous basis in
past situations like the one here. One must keep
in mind that call-in provisions guaranteeing hours
of pay have been placed in contracts to assure
employes that they will receive a reasonable amount
of pay when they are inconvenienced and have to
report for work at other than their scheduled time.
In the instant case, Claimant was required to
report for work twice during a six-hour period.
There is no basis in the contract or in labor
relation principles to support, the contention that
he should be paid for only one call."
In this case, we find that when Claimant was called to service from
4:35
P.M.
to 5:25
P.M.
on June 9, 1984, his assigned rest day, was released
from service and then called again to perform service from 6:15
P.M.
to 6:46
P.M.,
he should have been compensated for an additional rest day call as
claimed by the Organization.
A WAR D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J,/~er - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of June 1988.