C:\MYDOCU~1\SCHEDU~2\3-28533.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28533 THIRD DIVISION Docket No. MW-28784 90-3-89-3-178 The Third Division consisted of the regular members and in addition Referee Joseph A. Sickles when award was rendered. (Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

(National Railroad Passenger Corporation (Amtrak)

Northeast Corridor

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that: (1) The Agreement was violated when the Carrier failed to properly compensate the employes assigned to the T.L.S. and Undercutter Units headquartered in camp cars at P (System File NEC-BMWE-SD-2050). (2) As a consequence of the aforesaid violation, the employes listed below* who were assigned to the Undercutter Unit shall each be allowed three and Dne-half (3 1/2) hours of pay at their respective straight time rates and the employes listed below* who were assigned to the T.L.S. Unit shall each be allowed two and one-half (2 1/2) hours of pay at their respective straight time rates.

*Undercutter Unit *T.L.S. Unit

R. Maine R.W. Garrett

D. Preller 0. Hargrove

M. Ray W. Lighty

R. Makowske L. Harris

J. Matthews 0. Ryan

R. Starr D. McCarthy

J. Doody J. Froelich

L. Watson L. Balcerowicz

D. Maine K. Solon

R. Taylor

R. Jones

E. Dennis

B. Anderson"

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. Form 1 Award No. 28533 Page 2 Docket No. MW-28784 90-3-89-3-178 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 Claimants were transported to the Washington Terminal on November 11, 1987, for emergency snow duty. Lodging was provided but the Carrier paid no compensation during the time the Claimants occupied the hotel. Claimants assert that they were entitled to pay at the straight time rate while they "waited" outside of their regularly assigned hours pursuant to Rule 63. In a January 15, 1988 denial, during handling on the property, Carrier conceded that the Claiman them to home base "... wherein if further problems were encountered the employees were readily available." Accordingly, The on-property correspondence makes reference to "meal period" violations, however we fail to f in the Statement of Claim filed with the Board. Accordingly, we do not pass judgment on the validity of those alleged violations. See Third Division Awards 19790 and 21543.

A W A R D

Claim sustained. NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division Attest: 44~ Nancy ver - Executive Secretary Dated at Chicago, Illinois, this 28th day of August 1990.