Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32126
Docket No. MW-31821
97-3-94-3-116
The Third Division consisted
of
the regular members and in addition Referee
Edwin H. Bean when award was rendered.
(Brotherhood
of
Maintenance
of
Way Employes
PARTIES TO DISPUTE:
(Burlington Northern Railroad (former St. Louis
( San Francisco Raflway Company)
STATEMENT OF CLAIM:
"Claim
of
the System Committee
of
the Brotherhood that:
(1) The Agreement was violated when the Carrier failed and refused to
pay Rail Gang No. 1 forces for service they performed at Olathe,
Kansas on October 9, 1991, in response to their being called out
during their rest period by Special Agent J. R. Stanley to perform
said service (System File B-2227-2/8MWC 92-01-03 SLF).
(2) As a consequence of the violation referred to in Part (1) above, each
member of Rail Gang No. 1, on the date in question, shall be
allowed two (2) hours and forty (40) minutes' pay at their respective
time and one-half rates, as provided in Rule 74."
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.
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Form 1 Award No. 32126
Page 2 Docket No. iMW-31821
97-3-94-3-116
Parties to said dispute were given due notice of hearing thereon.
After completion of their regularly assigned work on October 9, 1991, members
of Rail Gang No. 1 were called out of their outfit cars and were addressed by Carrier
Special Agent J. R Stanley concerning the Carrier's policy about women in the outfit
cars and on the Carrier's property. At the time, some members of the gang were
showering, sleeping or eating. This claim seeks compensation for the employees for
attendance at that discussion.
Rule 74 states in pertinent part that "employees notified or called to perform
work not continuous with the regular work period will be allowed a minimum of two
hours and forty minutes, at time and one-half rate ...." The question, then, is whether
attendance at this type
of
discussion was "work."
Included in the record before this Board is a letter signed by 20 member
of
Rail
Gang 1 which states:
K i J, J,
While working in the Olathe, Kansas area on October 9tb, 1991, after
putting in the assigned working hours for the day the men retired to the
outfit cars for their off hours. The men where [sicl interrupted and called
out
of
camp by Asst. Special agent incharge /sic] J. R Stanley. At the time
of the call out some
of
the men were in the shower, sleeping or eating.
The reason for the call out was the discussion
of
women on the Company
property as well as in the outfit cars.
r,~
We agree with the Organization that employees are not expected to volunteer
their services. However, the analogy here is to the often litigated issue concerning
whether employees are to be compensated for attendance at rules classes. An important
factor in resolving these kinds of disputes focuses upon whether attendance at a specific
class or meeting is mandatory. We simply cannot discern from the record before us
whether attendance at this discussion by Special Agent Stanley was mandatory. While,
given the nature of the meeting, we can certainly speculate, in the end that is not our
Form 1 Award No. 32126
Page 3 Docket No. MW-31821
97-3-94-3-116
function. Rather, to meet its burden, it is the Organization's function in a rules case to
demonstrate all the elements of its claim. Here, that was not done. The Organization
has not demonstrated that attendance at this particular discussion was mandatory. The
Organization's burden has not been met. The claim will be denied.
Bp
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 13th day of August 1997.