Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28575
THIRD DIVISION Docket No. CL-28126
90-3-87-3-703
The Third Division consisted of the regular members and in
addition Referee John B. LaRocco 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-10207) that:
(a) Carrier violated the provisions of the current Clerks' Agreement at La Junta, Colorado, on J
Schrock and J. E. Stevenson to remain on duty beyond their regularly scheduled
hours without allowing proper compensation, and
(b) Claimants shall now be compensated for thirty (30) minutes pay
at the time and one-half rate of their assigned positions in addition to any
other compensation Claimants 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.
The two Claimants were regularly assigned third shift crew clerks at
the Carrier's LaJunta, Colorado, office. Near the end of their July 21, 1986
tour of duty, the Chief Dispatcher and Regional Freight Office Manager asked
Claimants to stay beyond the end of their shift to discuss their operation of
the computerized scratch pad crew board system. The meeting lasted approximately thirty minutes. The
they spent attending the meeting and now each Claimant seeks thirty minutes at
the time and one-half rate.
Form 1 Award No. 28575
Page 2 Docket No. CL-28126
90-3-87-3-703
Rules 32-A and 32-I provide that service performed in excess of eight
hours in a day will be compensated at the time and one-half rate on an actual
minute basis. The issue here is whether Claimants' mandatory meeting with the
two Carrier officers constituted service within the definition of Rule 32.
The Organization asserted, without any supporting evidence, that the
purpose of the meeting was to teach Claimants the newly instituted computerized crew board procedure
went into effect on April 26, 1986, more than three months prior to the July
21, 1986, discussion. Training was completed. The Organization did not prove
that the after shift discussion was for dispensing relevant information about
the new crew calling procedures. Instead, the subject discussed at the thirty
minute meeting was apparently Claimants' inadequate job performance. The
session was conducted to apprise Claimants of their substandard performance on
the computerized crew board system. The officers counseled Claimants about
the need to improve the level of their performance. If the counseling was
successful and Claimants' work performance improved, then the Carrier would
have a more efficient and productive crew calling office. Thus, the meeting
was for the mutual benefit of the Carrier and Claimants. Absent a rule, such
meetings do not constitute compensable duty even though their attendance was
compulsory. Third Division Awards 21267, and 16093.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
'Nancy J. e v -Executive Secretary
Dated at Chicago, Illinois, this 16th day of October 1990.