On3. File No. ERRG-1700

                                          Carrier File No. 2-MG-1471


Parties Brotherhood of Ylaintenanoe of Way Employees

 to and

 Dispute Baltimore & Ohio Rialroad

 Statenmt "Claim filed on behalf of 28 neibers of the Eastern Region Rail Gang
 of Claim: listed below for three and one-half hours each at their resrective
 rates account Supervisor Hogan sending them back to their headquarters
 on Septenber 9, (16) 1975 and only allowing them orgy half hour pay for
          the day:

          Claimant _I:D:Vo. Claimant 'IX:No.

          Sirbaugh, C. 1205605 Sweeten, J.G. 1514740

          Yjz!Kenzie, R.D. 1514045 Dyche, C.J. 1514971

          Miller, R.E. 7.514831 Mayfield, T.W. 1514868

          Linger, J.R. 7106786 Iawis, R.L. 1514043

          Arthur, L.V., Jr. 1512350 Stalnaker, R.G. 1514623

          Zbth, N.J. 1513687 Atkinson, H.D. 1514829

          Price, D.F. 1512468 Wilson,M.S. 1513676

          Durst, G.L. 1513558 Ross, M.K. 1511972

          ~brgan, R.T. 1513533 Drell, R.M. 1513622

          Jams, C.E. 1512147 Gloyd, D.S. 1500267

          Smith, C.H.,Jr. 1513863 Caruthers, R.D. 1512193

          Holconb, B.R. 1510401 Walker, S.L. 1513633

          Kean, D.H. 1515210 Ryan, F.M. 1509901 . .

          Jones, M.L. 1514619 Beclmer, B.C. 1507037"


          Findings: The Board finds, after hearing upon the whole record and all evidence, that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated October 27, 1976, that it has jurisdiction of the

          parties and the subject matter, and that the parties were given due

          notice of the hearings held.


          These 28 Claimants were members of a 44 member Eastern Region Rail Gang,

. - PL a 18.50
 -2- Award No. 8

        headquartered in camp cars located at Burnsville, West Virginia. on September 16, 1975, the Rail Gang members boarded their buses and travelled to their work site some 10 miles away. It was raining upon arrival there. Supervisor Hogan, believing the inclement weather would not deter them from work, directed the gang to lay rail. Sixteen (16) members of the Rail Gang left the bus and went to work. 7taenty-eight (28), the Claimants herein, said it was raining too hard to work. Ps a result,

        these Claimants were driven back to their camp cars and were paid for -

        the actual tire on duty, travelling from their headquarters to the work

        site, one-half hour pro rata.


        Claimants allege they were entitled to four (4) hours pro rata under Rule 16 (b) which, in pertinent part, provides: " (b) . ..Trachman and extra gang men required to report at usual starting tine and place for the days work will be allayed a mimimunn of four (4) hours when conditions prevent work being performed..."


        Paragraph (C) of Rule 16 provides: "(c) Less than eight (8) hours are worked for the convenience of employs, only hours actually worked or held on duty will be paid for."


        Absent a failure on the Claimant's part to demonstrate that "conditions prevented work being performed" and the fact that forty (40) percent of the Rail Gang did follow Supervisor Hogan's direction to lay rail, the Board is i mpelled to conclude that Claimant's voluntary choice to refuse work on September 16, 1975, thereby removed them from the nonetary protection of Bile 16 (b) and placed them under the Provisions of Axle 16 (c). Consequently, Clainents were properly paid the actual tire . thereunder.


        9he Board, in the circumstances herein, will deny these claims.


Award: Claims derri.ed.

 A. J. G7ingham, Etmp lo yee Member L. W. Burks, Carrier Yjarber

                                %.

                      Arthur T. Van Wart, Chairman and Neutral Member


                      Issued at Atlanta, Georgia, June 9, 1977.