Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37182
Docket No. SG-37991
04-3-03-3-421
The Third Division consisted of the regular members and in addition Referee
Martin H. Malin when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Amtrak (NRPC):
Claim on behalf of L. R. Hurlburt, for $261.60, three (3) days
difference in pay lost for only being compensated straight time pay
on his rest days and being changed from his normal position,
account Carrier violated the Signalmen's Agreement, particularly
Rules 52, 20, 27 and 28, when it required the Claimant to attend
engineering training camp on March 19, 2002 through March 21,
2002, wherein he was instructed and tested on his normal rest days
and outside his normal advertised hours and was denied proper
compensation for the rest days. Carrier's File No. NEC-BRS(S)-SD974. General Chairman's File No. JY32101014-180210. BRS File
Case No. 12741-NRPC(S)."
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.
Form 1 Award No. 37182
Page 2 Docket No. SG-37991
04-3-03-3-421
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
The record reflects that the Claimant was regularly assigned as a
Communications Technician, working 3:00 P.M. to 11:00 P.M., Thursday through
Monday (with Tuesday and Wednesday rest days). The Claimant was assigned to
attend an Engineering Department training camp from 11:00 P.M. - 7:00 A.M.,
Tuesday, March 19 through Thursday, March 21, 2002. The Claimant was
compensated at the straight time rate for his attendance at the training camp. The
Organization filed a claim seeking compensation at the overtime rate. During
handling on the property, the Carrier paid the Claimant at the overtime rate for the
time he actually spent in examinations outside of his regular hours, but denied the
remainder of the claim.
Public Law Board No. 6369, Award 2 held that time spent in training outside
of an employee's regularly assigned hours need only be compensated at the straight
time rate. Because the Claimant has been compensated at the overtime rate for the
time spent in examinations and is not entitled to compensation beyond the straight
time rate for other time spent in training, the claim must be denied.
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 September 2004.