Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37183
Docket No. SG-37992
04-3-03-3-422
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 W. J. Tuthill Jr., for $263.90, three (3) days
difference in pay lost for only being compensated at straight time
pay for performing service outside of his regular advertised position,
account Carrier violated the Signalmen's Agreement, particularly
Rules 52 and 27, when it required the Claimant to attend
engineering training camp on April 9, 2002 through April 11, 2002,
wherein he was instructed and was tested outside of his normal
advertised hours and was not properly compensated for the days.
Carrier's File No. NEC-BRS(S)-SD-973. General Chairman's File
No. JY32101012-180210. BRS File Case No. 12742-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. 37183
Page 2 Docket No. SG-37992
04-3-03-3-422
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 Relief
Assistant Foreman, working 7:00 A.M. to 3:00 P.M., Sunday; 3:00 P.M. to 11:00
P.M., Monday and Tuesday; and 11:00 P.M. to 7:00 A.M. Wednesday and
Thursday. The Claimant was assigned to attend an Engineering Department
training camp from 7:00 A.M. - 11:00 P.M., Tuesday, April 9 through Thursday,
April il, 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.