Award No.
)0
Case No. .;40
PUBLIC LAW BOARD N0, 711
P
ARTIES T-C Division, Brotherhood of Railway Clerks
TO
DfPt JTE
: a nd
Burlin:;;ton Northern Inc.
STATEMENT The claim, as appealed by the Organization, reaus:
F
"Claim is hereby presented that the Carrier violated the
terms of the Agreement when it failed to properly compensate
telegrapher D.M. Currie, Renton, Wash. for time and one half
and travel tine for ten (20) days beginning October 5th
through October 15th,
1971,
when required to train for Carriers
compass program.
"Carrier shall now compensate Mr. D.M. Currie time and one
half for each of the ten days claimed, less time already
paid, and for one hour travel time each date at the pro rata
rate of pay account violation of schedule rules."
FINDINGS
: Public Law Board No.
713,
by reason of the Agreement
dLqted
February 25, 1971, and upon the whole record And all of the
evidence, finds that the parties herein are f:arrier end employe within
the meaning of the Railway Labor Act, as amended, and that. this Board
has Jurisdiction.
Claimant was a reg,ilarly assigned Telegrapher at Renton,
Wast·innton with hours of 2:30 P.M. to 10:30 p.m. Monday throuCh Friday
and Saturday and Sunday as rest days. He was compelled to attend ten
consecutive four hour sessions in COMPASS training on each of ten consecutive days of four hours each starting Wednesday, October 6, 1971
through Friday, October
15, 1971.
His class sessions were from 8:00 a.m.
until noon. After such classes he reported to work at 2:30 P.M. on each
of his scheduled work days. Such training sessions were held on Saturday
and Sunday, October
9
and 10,
lL~?1.
Carrier
paid him :^
80
u~s - 10 -lays
at
4
hours each - at the pro rata rate of his applicable ,fob assignment.
Initially, Carrier argues that the claim is barred under
Rule 54. The original claim dated November
30,
1971 asked merely for the
difference between time and one half and etraignt time for the 40 hours.
This was declined on December
30,
1971. On January
3,
1971 the Vice
General Chairman wrote to the Superintendent amending the claim to include
one hour travel time for each of the ten days at the pro rats rate.
Employes' letter of January
3,
1971 did not materially change
the essence of the claim timely filed on November 30, 1971. While the
lanFua.ge in the January 3rd letter could have been wore es)lio;t, it is
nonetheless, also an appeal from the Superintendent's denial. The
Superintendent arparentl:· considered it as such when he n-ain,declined
't on January 7, 1c7L without raising a time limit issue. The claim is
properly before the Board on the merits.
Employes rely heavily on Award No. 7 of Special Board of
Adjustment Established ?wsuant to Appendix "K" - Burlington Northern,
Inc. The parties were this Carrier and the Brotherhood of Railway,
Airline and Steamship Clerks. That Board sustained a comparable claim
for compensation to an employe who was also compelled to attend CQAFASS
training, classes outside his regular assigned hours and on his rest days.
The Board held that:
"...that it would be inappropriate in light of existing
contract provisions, to hold that the mandatory attendance
at training sessions primarily conducted so that the
Carrier may be able to take full advantage of and utilize
the benefits of modern office technology, is excluded
from the contractual proscriptions against utilizing
an employe's services for more than eight hours in a day
or 40 hours in a week, except upon the payment of the
prescribed premium wage rates.
Continuing, that Board found that: "7be several contract provisions do
not purport to describe all the elements of service, which constitute
'work:' Nor, however, do these contract provisions specifically exclude
training sessions from the scope of 'work'."
But Rule
49
of the Agreement in this case rPada as follows:
"Enployes attending court, or detailed on any business
for the Company other than relief work, shall receive
compensation at the pro rata rate of the position on which
service was last performed, with a maximum allowance of '
eight hours daily. If away from home actual necessary
expenses will also be allowed. If attendinE, court time
and expenses will be certified by the Company's attorney,
and the Company will receive the witness fee.
No comparable rule was before the Board that adopted Award No.
7.
That
Board found "that the Carrier initiated this program as a sound business
venture rather than an eleemosynary gesture."
Rule
49
covers "sound business ventures" of the Carrier.
Claimant was "detailed on business for the Carrier when he was compelled .
to attend the ten training sessions so that he would be better "equippel .
to carry new, and presumably more efficient operations." That being the
case he is entitled to compensation only at the pro rata rate. Neither
does this rule provide for travel time. -16 _ s
Rule
49
is a special rule which deals with a specific subject.
If the parties intended that employes attending training sessions or
compulsory meetings on business for the Carrier be paid at the tide and
one-half rate of pay, they would have so provided in the Agreement.
Instead, that rule provides for pay only at the straight time rate.
Under these circumstances, the Board is obliged to find that
the Carrier did not violate the Agreement and that the claim has no merit.
Claim is denied.
AWARD
PUBLIC
LAW BOAR No. 713
.
~T3~n ck, a maYa eu a Mem ember
P.A.a
Nemc ; -Carla Member
DATED: ~l -r'
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