Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27936
THIRD DIVISION Docket No. CL-28073
89-3-87-3-677
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10204) that:
(a) Carrier violated the provisions of the current Clerks' Agreement
at Los Angeles, California, when it failed to compensate G. A. Wollerton III,
eight (8) hours' pay at straight time on Position No. 6328, account not able
to work his assigned position because of Federal Hours of Service Law, and
(b) G. A. Wollerton III shall now be compensated for eight (8)
hours' at the straight time rate in addition to any compensation he may have
received for this day."
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.
Claimant is the regularly assigned occupant of Operator Position No.
6328 Mission Tower, Los Angeles, California. He works 7:00 A.M. to 3:00 P.M.,
Tuesday through Saturday. On Monday, July 7, 1986, his rest day, Carrier required Claimant to cover
was available. As a result of being required to work 11:00 P.M. to 7:00 A. M.,
Claimant, because of the Hours of Service Law, could not cover his regular
7:00 A.M. to 3:00 P.M. assignment on Tuesday, July 8, 1986. Claimant claimed
eight hours for Tuesday, July 8, 1986. Carrier denied the payment on the
basis that the Hours of Service Law restricted Claimant from working, not the
Carrier. The dispute has been placed before this Board for final resolution.
Form 1 Award No. 27936
Page 2 Docket No. CL-28073
89-3-87-3-677
The Board has reviewed the Agreement language involved and the
numerous Awards submitted by both sides. The weight of the pertinent Awards
seems to fall in favor of Organization's position. It appears that most
recent Awards (see Third Division Awards 23393, 24071, 24921) have decided
that when Claimants are used by the Carrier to cover assignments that put them
in conflict with the Hours of Service Law, they should be paid for not being
allowed to work a regular assignment. The Board in this instance shall follow
those Awards.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
~Z
Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 6th day of June 1989.