Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27487
THIRD DIVISION Docket No. MW-27000
88-3-86-3-34
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier failed and refused
to compensate Patrol Foreman R. S. Madden for standby service rendered by him
on May 25, 26, 27, 28, 29, June 2, 3, 9, 10, August 4, 5, 11, 12, 18, 19 and
September 1 and 2, 1984 (System Dockets CR-1096 and CR-1265).
(2) Patrol Foreman R. S. Madden shall be allowed four hundred
thirty-seven and seven tenth's (437.7) hours of pay at his applicable rate."
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 employes 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.
In the two claims combined for review here, the Claimant asserts that
he was required to patrol his territory to inspect track for "sun kinks" whenever the temperature wa
remain at home during all hours outside of his regular assignment to monitor
the temperature and remain available for track patrol." In support of pay for
remaining available for such duty, the claims on the property relied on Rule
23, which reads in part as follows:
"RULE 23 - WAITING OR TRAVELING BY DIRECTION
OF COMPANY
An employee waiting or traveling by direction
of the Company by passenger train, motor car, or
any other method of transportation will be allowed
straight time for actual time waiting and/or traveling during or outside of the regularly assigned
hours, except . . . .
Form 1 Award No. 27487
Page 2 Docket No. MW-27000
88-3-86-3-34
The Board finds, as contended by the Carrier, that Rule 23 simply has
no application here, even if the contention of the Claimant is fully accepted.
Rule 23 must be read as a whole. It is entitled, "Waiting or Traveling by
Direction of Company," and the Rule covers in extensive detail compensation
related to travel as directed by the Carrier. The Organization would take the
word "waiting" out of context and apply it to a situation such as described by
the Claimant. A reasonable reading of the Rule, however, must lead to the
conclusion that it is concerned exclusively with travel and/or the waiting in
connection therewith. Rule 23 is _not a "stand by" rule in reference to being
available for duty where no travel is involved.
In its Submission, the Organization makes reference to Rules 11, 13
and 16. Since these were not alluded to in the handling on the property,
reference to them thereafter may not be considered by the Board.
The record also shows crucial disparity between the Claimant's
alleged understanding of instructions and the Carrier's contention that the
instructions concerning inspection of "sun kinks" was of a substantially
different nature.
The claims fail to establish with certainty that the Claimant was
directed to "stand by" and fail to demonstrate the applicability of Rule 23.
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 22nd day of September 1988.