Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD
DIVISION
Award No. 31949
Docket No. CL-32318
97-3-95-3-115
The Third Division consisted of the regular members and in addition Referee
Fred Blackwell when award was rendered.
(Transportation Communications International Union
PARTIES
TO DI PIl
(National Railroad Passenger Corporation (AMTRAK)
STATEMENT OF .AIM:
"Claim of the System Committee of the Organization (GL-11125) that:
The following claim is hereby presented to the Company in behalf
of Claimant(s) listed on Attachments A and B.
(a) The Carrier violated the Clerks' Rules Agreement effective July 21,
1972, as revised, particularly Rules 7, 14, 16, 17 and other rules, as well as
Memorandum of Agreement No. 9, when following the Claimants'
attendance at company sponsored meetings held in January at Syracuse.
NY, and in February at Albany, NY, as directed in letters dated January
19 and 27, 1993, or verbally on subsequent dates, and it failed to fully
compensate Claimants' at the overtime rate, based on the appropriate pro
rata rate of pay for each of their regular positions, for all hours they
worked outside their regular assigned tours of duty.
(b) Any Claimant who attended said meetings) continuous with their
regular work period, or were required to return for further service
following their regular work period should each now be allowed a
minimum of three (3) hours time and one-half pay, or on the minute basis,
if they were held longer than two (2) hours, based on the appropriate
hourly rate for each hour that they attended said meetings.
(c) In any case where a Claimant was required to return for further
service following their regular work period, they are to be considered as
if on continuos eLdutv_, and paid accordingly.
Form I
Page 2
Award No. 31949
Docket No. CL-32318
97-3-95-3-115
(d) Any Claimant who attended said meeting(s) on their assigned rest
day should be allowed a minimum of six (6) hours punitive pay, based on
the pro rata hourly rate of their regular assigned position.
(e) In all other cases, Claimants' should each be allowed a minimum of
three (3) hours time and one-half pay, or on the minute basis if they were
held longer than two (2) hours, based on the appropriate hourly rate for
each hour that they attended said meetings.
(f) Claimants' should be allowed the appropriate travel time and
expenses incurred for their attendance.
(g) This claim has been presented in accordance with Rule 25 and
should be allowed.
ATTACHMENT '.1' Tuesday, February 16, 1993
lrenio Dulav
Jane Palmer
Katherine Abairc
Mike Brown
Jeff Brown
Janis Gaunav
Steve Leonardo
Juanita Palmer
Deb Sanderson
Rich Kweller
Fred Hifler
Jim Blase
Ken Jensen
Gary Villeneuve
Dave Schecter
Bob Leavitt
Gene Jakubowski
Martin Robinson
Kathy Fay
Michelle Kepner
Stan Zeb
Silas Blackmon
Dennis Baumgardner
Ron Wood
Patti Anderson
ATTACHMENT 'A' Wednesday, February 17, 1993
Diana Wilsey
Tom Austin
Jim Lagios
Bill Jennings
John Kircher
Joe McCallion
Andy Pefletieri
Helen Ross
Form I
Page 3
Award No. 31949
Docket No. CL-32318
97-3-95-3-115
Joe Wolodkevich
Brian Howard
Marc Morris
Kevin Wilbur
Sue Doyle
Bob Hall
Kathi Brennan
Gerry Paulsen
Brian Jeffers
Tom Berg
Bob Murphy
Toni Dively
ATTACHMENT ' B' Wednesday, January 27, 1993
Francis LaColla
Terry Fuller
Terry Gilbride
Eileen Rush
Frank Zalocha
Mark Kavouksorian
Frank Conte
Jim Gallagher
Jim Jones
Walt Seim
Tony Zizzi
John Schlemmer"
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee within the meaning of the Railway Labor Act, as
approved June 21, 1934.
Tluc Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
This issue in this dispute is whether the proper rate applicable to payment to the
herein Claimants for attending meetings on their rest hours and rest days, is the
overtime rate in respect to some Claimants, as contended by the Organization, or
whether the straight rate, which has been paid by the Carrier, is correct.
Form I Award No. 31949
Page 4 Docket No. CL-32318
97-3-95-3-115
The record shows that approximately 45 Claimants attended Carrier sponsored
meetings held in Syracuse, New York, in January 1993, and in Albany, New York, on
February 16 and 17, 1993.
The Carrier asserts that the Claimants' attendance at the meetings in question
is not covered by any contract rule and that although payment
of
the Claimants was not
required under the contract, the Management has remunerated the Claimants fairly, in
the spirit
of
good will which was the main purpose
of
the meetings, and in the same
mariner that the Carrier paid employees for attending earlier meetings in Buffalo, New
York and New York Penn Station, from which no similar claims have resulted. The
Carrier submits further that the local Management and the Local Chairman discussed
the meetings before scheduling the Albany meetings; that many
of
the Claimants
attended the meetings during their regular assigned tours
of
duty and were paid a
regular day's pay; that those employees who attended outside their tours received four
hours compensation for attending the two hour meeting; and that employees who
traveled from outlying points were paid mileage and travel time, in addition to the four
hours for attending.
The Organization submits that the claim is supported by Rules 7, 14, 16, 17
of
the
Agreement and Memorandum of Agreement No. 9.
In assessing the foregoing, and the entire record, including the parties'
Submissions in support of their positions in the case, the Board finds that the record
shows affirmatively that the employees were required to attend the meetings and,
further, that the payment by the Carrier
of
straight rate gives the employees time in
attending the meetings the status
of
"work" or "service" under the applicable Rules.
Accordingly, the Board finds and awards that the Claimants are entitled to be paid in
accord with Rule 14
of
tile Agreement, except that any employee who did not attend any
meeting is not eligible for pay under said Award.
In view
of
the foregoing and based on the record as a whole, the Board finds that
the record shows the claims to be meritorious and that, accordingly, a sustaining Award
is in order. The record supports the claims and the claims are sustained in accordance
with and shall be paid under the provisions of Rule 14 except that any employee who did
not attend the meetings is not eligible for compensation under this Award.
Form 1 Award No. 31949
Page 5 Docket No. CL-32318
97-3-95-3-115
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 19th day of March 1997.
CARRIER MEMBERS' DISSENT
TO
THIRD DIVISION AWARD 31949, DOCKET CIr32318
(Referee Blackwell)
The Majority's finding that Claimants' attendance at the "face-to-face" meetings with
management was "required," and that Carrier's payment of straight-time pay rates gave
attendance at the meetings "the status of 'work' or 'service"' under the Overtime rule defies
evidence of record concerning the circumstances of the meetings and long-standing industry
precedent as to what constitutes "work" or "service."
The plainly voluntary nature of the meetings is evidenced by the acknowledged fact that
some of the very Claimants cited opted not to attend, without incurring any such disciplinary
consequences as typically result from unexcused absence or failure to comply with instructions.
It is also an acknowledged fact that attendees were paid consistent with past practice attached to
such gatherings. Given the Organization's knowledge of and previous acquiescence to that
practice. the Majority's honoring this claim denigrates fundamental work-relationship principles
so critical to labor-management harmony and stability in today's workplace.
The Claimants who chose to attend the cited "face-to-face" meetings listened to top
managers' views on the direction of the Carrier's business, and were invited to ask questions and
make suggestions. While this is not "work" or "service" as defined by the parties' Agreement or
the preponderant weight of precedent promulgated by this Board, the Carrier paid straight time as
it had in the past, in a good faith validation of its commitment to employee involvement. The
Majority's seizure of that gesture to invoke overtime pay chills efforts toward labor-management
cooperation vital to this Carrier's continued operations, while entertaining an irreedemably
nostalgic return to days of unjust enrichment in the industry.
Carrier Members' Dissent
to Third Division Award 31949
Page 2
For these reasons, we do dissent and hold this Award to be without precedent.
Q'
Patricia A. Engle
Marti~i gerhut
Michael C. Lesnik
Paul V. Varga
4/25/97