Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36844
Docket No. SG-36496
04-3-00-3-725
The Third Division consisted of the regular members and in addition Referee
Robert Perkovich when award was rendered
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE: (
(Union Pacific Railroad Company (former Chicago &
( Northwestern Transportation Company)
STATEMENT OF CLAIM
:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen n the Union Pacific Railroad (C&NW):
Claim on behalf of J. H. Spiegel for payment of One (1) hour and
Thirty (30) minutes at the time and one-half rate. Account Carrier
violated the current Signalmen's Agreement, particularly Rules 58 and
14, when on August 5, 1999, it required the Claimant to travel from a
training facility in St. Paul, Minnesota to his headquarters in Fort
Dodge, Iowa and then refused to compensate him for doing so.
Carrier's File No. 1211856. General Chairman's File No. N14, 58-009.
BRS File Case No. a1430-C&NW."
FINDINGS
:
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
herein.
Form 1 Award No. 36844
Page 2 Docket No. SG-36496
04-3-00-3-725
Parties to said dispute were given due notice of hearing thereon.
The Claimant was instructed to drive a company vehicle from his headquarters
at Fort Dodge, Iowa, in order to attend a training class in St. Paul, Minnesota. He did
so, driving for a total of one and one-half hours and attending the class for an
additional eight hours. He was paid at the straight time rate for all hours.
Relying on Rule 58 - COMPANY VEHICLES and Rule 14 - OVERTIME, the
Organization contends that the Claimant should have been paid at the overtime rate for
the time spent traveling. More specifically, because Rule 58 provides that
"Operating . . . (Carrier) trucks, highway vehicles, etc. in connection with employee's
assignment is work . . ." and because Rule 14 requires that "(t)ime worked either prior
to or following and continuous with a regular eight-hour period shall be . . . paid for at
time and one half. . ." the Claimant worked within the meaning of Rule 58 and should
be paid in accordance with Rule 14, the Organization argues.
However, the Organization fails to consider another applicable provision, Rule
11 - EXAMINATIONS OR RE-EXAMINATIONS, that provides that any employee
who is required to attend instructional classes and who "is required to travel outside
of working hours, such time, including time traveling . . . will be paid for at straight
time." As this is a specific Rule that applies to the situation presented, it governs over
the eE neral Rules defining work and payment therefore. Thus, straight time pay was
the proper rate and the claim must fail.
AWARD
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 28th day of January 2004.