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: (



STATEMENT OF CLAIM :



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



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.




      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.