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.
The instant claim challenges the means by which the Claimants were paid for their time and expenses in connection with their participation in snow removal work. It is undisputed that both Claimants were on furlough status at all times relevant to the claim. Because of heavy snow in the Buffalo, New York, area, they were contacted by a Carrier clerical employee to inquire if they were willing to travel to Bufffalo to assist in the storm recovery efforts there. There was some further discussion with a Carrier official if they were willing to participate. They drove from their homes in Cumberland, Maryland, worked no more than 16 hours per day on December 30 and 31, 2001 and January 1 and 2, 2002 and then were released to return home. They were provided rest periods of at least five hours after arrival, eight hours between work sessions, and at least five hours before returning to their homes.
After careful review of this unique record, it is clear that the furloughed Claimants were offered the opportunity to volunteer for the recovery effort. They were under the impression that they would be compensated around the clock from the time they departed their homes until they returned days later together with mileage and related expenses. Unfortunately, their impression is not supported by either the facts established by the record or the Agreement Rules applicable to those facts. To the contrary, the record establishes that they were properly paid in accordance with the Agreement. The claim, therefore, must be denied.
This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.