Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27587
THIRD DIVISION Docket No. MW-27191
88-3-86-3-267
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Duluth, Missabe and Iron Range Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it improperly compensated
Track Laborer D. F. Setniker for the overtime service he performed from 3:00
P.M. to 11:00 P.M. on March 5, 1985 and from 3:00 P. M. to 11:00 P. M. on March
6, 1985 (Claim J-27-85).
(2) Because of the aforesaid violation, Track Laborer D. F. Setniker
shall be allowed an additional sixteen (16) hours of pay at his one-half time
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.
On March 5 and 6, 1985 Claimant, a furloughed Track Laborer, was called out and worked from 3:00
was paid at the straight time rate for the first eight hours worked on each
date and time and one half rates for the second eight hour period. While on
duty, between 3:00 PM and 11:00 PM, Claimant worked alongside certain regularly assigned employees t
time and one half rates for their second 8 hours on duty. Claimant contends
that he was entitled to receive time and one half pay between 3:00 PM and
11:00 PM as well, by reason of Rule 18 (b) reading:
"(b) Employees who are out of service account reduction in force and called back into service te
except in cases where they are not used a full day
they will be paid time and one-half for such services, with a minimum of four hours' pay for two
hours and forty minutes' work or less."
Form 1 Award No. 27587
Page 2 Docket No. MW-27191
88-3-86-3-267
We don't believe that Rule 18 (b), or similar Rules in effect elsewhere in the industry, have ev
employee assigned to a different shift is paid at time and one half rates,
under Rules applicable to his situation, that an employee called back into service must also be paid
Awards suggesting this result have been brought to our attention and evidence
of a practice of this type is missing.
As we view the Agreement the language of Rule 18 (b), reading that
employees temporarily called back into service be paid the same as regular
employees, means that if they are assigned as trackmen they shall be paid at
the rate of regularly assigned trackman. If they are assigned to premium
rated work they shall be paid at premium rates the same as other regularly
assigned premium rated machine operators, foremen, etc. When their hours on
duty, their days of assignment or their work on a holiday, require that they
be paid at time and one half or double time rates, recalled furloughed employees shall receive overt
regularly assigned employees.
The Rule, in our judgment, does not mean that because the work history of an individual regularl
one half situation that any recalled furloughed employee that happens to be on
duty at the same time must also be paid time and one half. Notions that this
is required are patently absurd.
It is our opinion that the Claim is without merit and it will be
denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ooz-d
Nancy J er - Executive Secretary
Dated at Chicago, Illinois this 27th day of October 1988.