"Claim of the System Committee of the Brotherhood that:

(1) The Agreement was violated when the Carrier reduced the basic day of eight (8) hours to five (5) hours for most of the employes assigned to Gang TP-06 on May 31, 2005 [System File C-05-PO1812J10-05-0218(MW) BNR1.

(2) As a consequence of the violation referred to in Part (1) above, the Claimants (employes assigned to Gang TP-06 who were not allowed to work the full basic day on May 31, 2005) shall now each be compensated for three (3) hours at their respective straight time rates of pay."

Parties to said dispute were given due notice of hearing thereon.

Certain members of Gang TP-06 were assigned to work near Harlan/Portsmouth, Iowa, on May 31, 2005. After they worked more than three hours, it started to rain. Supervision checked with WeatherData and concluded that existing and expected inclement weather (severe storms and lightening) required a shortened work day for safety reasons.

The Claimants were told to put the track together and go home. By the time

The claim alleges a violation of Rules 1 and 25 and seeks three hours straight time pay for each Claimant. The Organization asserts the Carrier failed its burden of proving continued inclement weather and, in addition, Rule 25 does not provide for reducing a regular work day to less than eight hours on the unproven possibility of inclement weather

The Carrier contends that (1) designating the rain day was not arbitrary and therefore, within supervision's discretion (2) the decision rested an sound information at the time made (3) the Claimants were not identified (4) there is no proof that the rain stopped (5) if the rain stopped, it could have restarted (6) weather conditions can vary within a large work area and (7) prior arbitration Awards place the burden of proof on the Organization and support the Carrier's contract reading.

"D. When less than eight (8) hours are worked . . . due to inclement weather, interruptions occur to regularly established work period preventing eight (8) hours work, only actual hours

Section E of this rule.

Thus, after more than three hours' duty on a regularly scheduled workday, employees are paid for actual hours worked when "inclement weather" or "inclement weather conditions" prevent completion of the regular eight hour day. "Inclement weather conditions" has broader reach than "inclement weather." It covers weather that threatens to become bad but is not currently bad.

It is undisputed that inclement weather and inclement weather conditions existed at the time that Supervision made and announced its decision to work a shortened day. Supervision also took reasonable steps to determine that the weather might not improve for the remainder of the work day. There is no proof that it acted far no reason, for bad reason or in any arbitrary or other prohibited manner at the time that it made its initial decision. Once properly made and begun, the Carrier is not required to prove that the weather proceeded in accord with its original expectations.

Even assuming that the severe weather abated by the time the Claimants left work, given the information from WeatherData, it was possible it might return. The Agreement permits managerial discretion not only when inclement weather exists but also when "conditions" presage inclement weather. Weather predictions are highly unreliable. The Agreement does not require the Carrier to guarantee accurate weather forecasting.

Supervision has a wide range of reasonable discretion to base decisions on weather conditions. Its action here falls squarely within its permissible authority. It was rooted in sound available information. There is no evidence of improper

purpose. Indeed, in substantial part, it reflects an effort to protect the Claimants' health and safety.

AWARD