Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31950
Docket No. CL-32327
97-3-95-3-158
The Third Division consisted of the regular members and in addition Referee
Fred Blackwell when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE: (
(National Railroad Passenger Corporation (AMTRAK)
STATEMENT OF CLAlnI:
"Claim of the System Committee of the Organization (GL-11136) that:
The following claim is hereby presented to the Company in behalf
of Claimant(s) listed on Attachment A:
(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
March 29, 30 and 31. 1993, located at Rensselaer. NY. as directed
by letter dated March 24, 1993, 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 four (4) hours time and one-half pay, or on the minute
basis, if they were held longer than four (4) hours, based on the
appropriate hourly rate for each hour that they attended said
meeting(s).
Form I
Page 1
Award No.
31950
Docket No.
CL-32317
97-3-95-3-158
(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 continuous duty, and shall be paid accordingly.
(d) Any Claimant who attended said meetings) 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 meeting(s).
(f) Claimants should be allowed the appropriate travel time and
expenses incurred for their attendance.
(g) Any clerical employe that attended these company mandated
meeting(s) who are not listed in Attachment
'A'
should also be
considered as a Claimant in this claim.
(h) This claim has been presented in accordance with Rule
25
and
should be allowed.
Attachment 'A'
MONDAY. MARCU
29
Michelle Kepner
Dennis Baumgardner
Sue Doyle
Gene Jakubowski
Bob Hall
Joe Coleman
Brian Jeffers
TUESDAY. MARCH 30
Ron Wood
Tom Austin
Steve Leonardo
Form 1
Page 3
q,ward No. 31950
Docket No. CL-32327
John Kircher
Kathy Fay
Patti Anderson
Joe Wolodkevich
Fred Hitler
Rich Kwefler
WEDNESDAY. MARCH 31
Dennis Baumgardner
Rich Kweller
Brian Jeffers
Michelle Kepner
Sue Doyle
Joe Coleman
Bob Hall"
The Third Division
of
the Adjustment Board, upon the whole record and an 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.
This Division
of
the Adjustment Board has jurisdiction over the dispute involved
Parties to said dispute were given due notice
of
AV of
the 16 Claimants in this case attended four hours
of
safety training classes
at Rensselaer, New York, on either March 29, 30, or 31, 1993. Some
of
the Claimants
attended the safety training during their regular duty touts and were paid as
if
they had
worked their entire regular eight hour tour. Some Claimants who attended outside their
tours were paid at their straight rate for their four hours of attendance of the safety
training classes. The Claimants who traveled to the training site were paid travel time
Form 1 Award No. 31950
Page 4 Docket No. CL-32327
and mileage, and hence the only issue in this case relates to the additional compensation
claimed by the Organization.
The Organization submits that the Claimants' attendance at the training classes
was mandatory, that compensation for such attendance at the straight time rates
violated the Agreement Rules, and that, tinder prior authorities, the Carrier should be
required to compensate the Claimants for attending the classes under Rule 14 -
OVERTIME.
The Carrier submits that prior authorities hold that safety training is of mutual
benefit to the Carrier and the employees, that such training is not "work" or "service"
as contemplated by pay rules, and that where, as here, the Carrier pays straight time
for attendance in training classes, the training time, ai~sent contract language or practice
to the contrary, is not compensable at the overtime rate.
In assessing the foregoing, and the entire record including the parties'
Submissions in support of their positions in the case, and after study of the conflicting
authorities cited by the parties, the Board finds the Organization's authorities to be
more persuasive and applicable to the herein facts than those cited by the Carrier.
Although the parties joined issue on whether Rule 32 is applicable to this dispute,
the Board notes that the record information contains ambiguities which preclude
resolution of this issue and additionally, said resolution is not necessary for the
determination of this dispute.
The claim is supported by the record. Accordingly, and in line with Third
Division Award 31949, the Carrier is directed to pay the Claimants under Rule 14 whose
attendance at the classes is confirmed by the parties' joint check of the records.
AWARD
Claim sustained in accordance with the Findings.
Form 1 4ward No. 31950
Page 5 Docket No. CL-32327
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 31950, DOCKET CL-32327
(Referee Blackwell)
The overwhelming weight of arbitral authority supports that training is not "work" or
"service" as contemplated by pay rules. Second Division Award 8726, Third Division Award
20323, and other rulings referenced in the record before the Board represent the substantial body
of industry precedent on this issue. The Majority's finding that the parties' overtime pay rule
applies to Claimants' attendance at safety training contravenes this well-settled precedent, while
passing on a straight-time training rule in effect on the property, and invoking an irreedemably
nostalgic return to days of unjust enrichment in the railroad industry.
For these reasons, we do dissent and hold this Award to be without precedent.
5~OKII-e~
9