Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 39143
Docket No. SG-38563
08-3-NRAB-00003-040568
(04-3-568)
The Third Division consisted of the regular members and in addition Referee
Lisa Salkovitz Kohn when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(BNSF Railway Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhoold of
Railroad Signalmen on the Burlington Northern Santa Fe:
Claim on behalf of W. E. Behm II, for 8 hours at the pro rata rate,
account Carrier violated the current Signalman's Agreement,
particularly Attachment 5 (Rule 15(b) from former AF&SF
Agreement), when on September 1, 2003, (Labor Day Holiday)
Carrier required the Claimant to remain at his home station and
work the holiday but was not properly compensated for being
required to remain at his home station on the holiday. Carrier's File
No. 35 04 0001. General Chairman's File No. 03-102-BNSF-33-K.
BRS File Case No. 13004-BNSF."
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. 39143
Page 2 Docket No. SG-38563
08-3-NRAB-00003-040568
(04-3-568)
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
At the time of this dispute, the Claimant held the position of Vacation Relief
Signal Maintainer. On August 28, the Claimant's Supervisor directed him to work on
September 1, 2003, Labor Day. According to the Organization, the Claimant told his
Supervisor that he already had plans for the holiday, but the Supervisor told him,
"There are no Holidays on the railroad." On August 29, the Claimant's name was
listed for first shift on Labor Day on the white message board at his work
headquarters. The Claimant subsequently worked eight hours on the Labor Day
holiday, and was paid eight hours at time and one-half for the hours that he worked,
in addition to eight hours straight time as holiday pay. The Claimant was not paid
anything under Rule 15(b) for being required to stand by to work on the holiday.
The Organization contends that in addition to the compensation paid, the
Claimant should have received eight hours at the pro rata rate for being required to
be available to work on the holiday. The Carrier contends that the Claimant was not
entitled to standby pay, because he was told in advance to report to work his regularly
assigned work shift, not to standby to be called to work.
Rule 15 - Required to Stand by of Attachment 5, cited by the Organization,
reads, in relevant part, as follows:
"(b) On designated rest days or on one of the designated holidays
which falls on a day that would otherwise be considered a workday, an
employee who is requested by a Company officer to remain at his
home station on such days shall be allowed a payment of eight hours at
the pro rata rate for each day or portion thereof so held in a 24-hours
period computed from the starting time established for workdays. In
addition, and limited to such a holiday, such employee will be paid
holiday allowance if qualified therefor. Additionally, on designated
rest days and holidays as referred to herein, such employee will be
compensated under the call or overtime rule for any work actually
Form 1 Award No. 39143
Page 3 Docket No. SG-38563
08-3-NRAB-00003-040568
(04-3-568)
performed under proper instructions on such days. Such advance
notice as may be possible will be given employees whom it is desired to
have remain at home station during any portion of their rest days
and/or designated holidays as mentioned herein."
It is true that the Carrier is required under Rule 15(b) to compensate an
employee when the employee is required to remain at his home station available for
work on rest days or holidays. However, the Claimant was not required to remain
at his home station and was not on standby on Labor Day 2003; instead, he was told
in advance that he was assigned to work that day. Therefore, the Claimant is not
entitled to standby compensation under Rule 15(b).
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 7th day of July 2008.