PARTIES Brotherhood of Maintenance of Way Employes
TO
DISPUTE: and
Baltimore and Ohio Railroad Company
STATEMENT 1. Claim made by Floyd L. Ray and A. E. Croy
OF
CIAIM: for the difference between straight time and time
and one-half as operators for two hours each day
-- July 26-29 and August 1-5, 8-12, 15-19, 1977
-- 19 days totalling 38 hours for Carrier's vio
lation of Rule 24 (a) of the effective Agreement.
2. The Carrier should compensate each of the
named employes as indicated in Rule 24(a).
FINDINGS: No truck being available to transport members
of a Tie Unit between their headquarters at
Decatur, Illinois and work site, the employes
and their supervisor agreed that each employe
would be allowed a two-hour straight-time arbi-
trary each workday he used his own vehicle for such travel. This informal arrangement of cause did not modify the terms of the collective bargaining agreement.
In addition to that arbitrary allowance, claimants also received overtime for fueling area to d truck. They seek additional overtime instead of the arbitrary for fueling and picking up ice and water for the Tie Unit each morning.
The claim lacks merit. The record indicates that claimants were adequately compensated. The two hour arbitrary at straight-time exceeds the amount to which they would have been. entitled even if their own theory of compensation were accepted. There is no convincing evidence to the contrary, so far as this
record shows. g C E! y
JUL 2 91981
AWARD: Claim denied. e,~c,~ 0
=oV"Office-8~
Adopted at Baltimore, Maryland, ~~ AV 1980.
L
Haro d M. West , Chairman
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