Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29316
THIRD DIVISION Docket No. SG-29114
92-3-89-3-549
The Third Division consisted of the regular members and in
addition Referee Irwin M. Lieberman when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
(former Missouri Pacific Railroad Company)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brother
hood of Railroad Signalmen on the Union Pacific Railroad
Company, formerly the Missouri Pacific:
Case No. 1
Claim on behalf of Signal Maintainer L. G. Howser, Gang No. 4536,
headquartered at Utica, Kansas, for payment of 5 hours of Class 51 and 6.5
hours of Class 12 pay, account of Carrier violated the current Signalmen's
Agreement, as amended, particularly, Rule 7(h), when on October 10, 1988, when
it required him to perform work outside of the limits of his assigned territory. Carrier file 880662
Case No. 2
Claim on behalf of Signal Maintenance Foreman K. D. Miller, Gang
4535, headquartered at Hoisington, Kansas, for payment of 5 hours of Class 51
and 5.5 hours of Class 12 pay, account of Carrier violated the current Signalmen's Agreement, as ame
perform work outside the limits of his assigned territory on October 10, 1988.
Carrier file 880678. BRS file Case No. 7814 UP(MP)."
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.
Form 1 Award No. 29316
Page 2 Docket No. SG-29114
92-3-89-3-549
This dispute involves one incident, two claims, and a common frame of
reference. Both employees are monthly rated, one a Signal Maintainer and the
other a Signal Maintenance Foreman. Both Claimants were instructed on October
10, 1988, to travel to a location off their assigned territory to pick up a
new truck for their use. The request for additional compensation for working
outside their assigned territory was disallowed, triggering this dispute.
Rules 7 (h) and 18 are relied on by the Organization, and they provide as
follows:
"RULE 7
(h) Xonthly rated employes assigned to the
maintenance of a territory who are required by the
Carrier to perform work outside the limits of their
assigned :erritories during their regularly assigned
hours, will be additionally compensated therefor on
the minute basis at one-half the straight time hourly
rate applicable to such monthly rated employes, with
a minimum of three hours from the time notified until
they return to their work location during their tour
of duty, of headquarters point after end of tour of
duty; time after end of tour of duty to be compensated for at the time and one-half rate on the minu
basis. ..'hen called outside their regularly assigned
hours, the call rule will apply. However, the provisions of this paragraph (h) shall not be applicab
where coaoensation in addition to the monthly rate is
payable under paragraph (b) of Rule 26."
"RULE 18 - SERVICE INVOLVING TRAVEL
(a) Hourly rated employes performing service
requiring them to leave and return to headquarters
daily will be paid continuous time, exclusive of meal
period, _rom time reporting for duty until released
at headquarters. Straight-time rate during assigned
working hours and overtime rate for hours in excess
thereof. Straight-time for all time traveling or
waiting, except that riding on or operating motor
cars or over-the-highway motor vehicles shall be
considered work as referred to in this agreement."
The Organization asserts that there is no question but that the
activity of picking up the truck constituted work outside the assigned
territory of Claimants and that Carrier instructed them to perform the task.
It is concluded that under the provisions of Rule 7(h) all the requirements
have been met and the Claimants are entitled to the additional pay which they
requested.
Form 1 Award No. 29316
Page 3 Docket No. SG-29114
92-3-89-3-549
In essence, Carrier's position is that the employees were involved in
performing work incidental to their assignment and are not entitled to additional compensation. Carr
monthly-rated employees additional compensation for this incidental work.
The Board agrees with Carrier's position. The record indicates that
when Signal Maintainers are required to attend safety or other Carrier meetings off their assigned t
Furthermore, if the Organization were to prevail (as Carrier notes), employees
similarly situated as Claimants herein, would be entitled to overtime for
going off their territory to fill their truck at a gas station or when required to pick up tools at
activity herein involved as incidental to the assignment and not warranting
overtime payment.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ncy J. Dr- Executive Secretary
Dated at Chicago, Illinois, this 24th day of July 1992.