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                                P · L-7- 4.'.'6-- -~

                                >qT 6EgpLAWNT No. . CAS4 WU- :1


                    ;iPO"TAL BOARD Of ADJUS^MBNT NO- 00


          FARTTr'S ; The Order of Railroad mslegraphpr.s


          I ^i


          VIO,'iimT l St Louis Soutahwa-sarn Rsilwav Company


          :.-, !";'M3't35 OF CLAI0


                  CT'-'riv: v:oiated she TeIngrapQrs' Agreement when .~

          .wed Clerka"'eing-aphpr W L. Arnold, Illmo. Missouri and raquired nim'Go reoorL at ;r J0r AM and remain on duty until 1.1:30 AM,, May 6. ,:,.._: a Wat,nESe for the Carrier in an nerest-gaf'S.on in which her

          =Y not'. im onved and had 6o interest acrd refused to compensate hm therefor in a;wurda-rye with Artinlw W of the said Agrecmcnn


              -.

          ;i Ciaimano f L. Ar hold shall, now be conpqnsated at time W urn.half rata _,oval amount 48 40 for the two 'c) hours and thirty Q: minutP6 service he was thus roauired Cc perform for ._. . it rier


          TI~_£`a E 'r " c,im:,Wt is the ': eguarly assigned third tr0'k

            .~ rS Tom , _.

          _.._. i~-,..-k-jv_e9t'?Dhnr of 111m0, Missouri with as8IPW

          nouns. ___ 1`,_D m -_ 1.05 q m flop days per weak; Monday through

          "f:.=.ay· with Satirdnv and Sunday assigned rzsi days..


          .,e .-. · a .mat:°:, r eres7ed a letter from -the Carr,er do ied

          Apr,! .:2 047 romifyir_g him to attend an investigation to be

        Wd Q the off'=:s of the Assistant S uperinte.nUnt 3t l1lmos on

        ha... 6. 195;. as 9=;c? a m The claimant, was ,called as 5 witness

        `oe una carrier and was not involvad it the it>Yes.>.igacioa.. The

        investigation was coiled t'.7 suet k7L 9'00 a m:. but the iett°Y' Y.^ -

        h"s .;aimar_ stated that he was tc. report nat 9:30 -,..m: The

        =-.'_m;~·-;. was .-ailed 4.o testify at about 11:10 a.-m- and was

        _es.csod at ii:3O a n: being called and used at the investigation

        or t W4 hours.


        `Ere ciaimant filed a claim for two hou-^s and th!rtv miouzes at overt mo rate of pay f.^.r this service And claims th=tt one 'arrier snou.d pay him under Article 6=.4 of the effective agveemenc.. His aua"m was denied by the carrier. Article --`s is

          ·he Orll Rule of tire Effeotive Agreement and reads as follows


            ,yA"_-_cte 0..4 Employ& notified or coiled t,"r perfrY'm work eon continuous with the regular wo^k rprind ;,ill be allowed .: m_nmum of three Qhours for two %-`` hours' work c.r

              .:s ?nd if held on duty in excess of two 4) hours time -

                                                              t __

                one-.ha-is will be allowed on the minute basis.''

i
 .r

                                                  AWARD NO ' _,=.


                      T

          The carries states ;.hat the aaimart has lest no earrings and that his claim for pay is not valid arid therefore was denied. The carrier also states that the only rule in the - Effective Agreemer:t pertaining to witnesses called for court

          and -investigations is Article $, which roads 3s follows' -

                                                            _F


              "Article F3: Employes 6aken away from their ragular -

              .,.ssigrked duties.. at the request of the Mar:agement tO

              =vend :ours: :.r '~·;appear as witnesses for the C-arrier

              "rM be furnished trarspo:l-tation and will by allowed

              .-~mpensaticrr equal to what would ha4a been earned had

              o,3ch interruption aft taker, pla::e, and, in addition_

              a(.~_.c-ssary actual expenses while away from headquarters,

              Any fee or mi'oage accruing will be assigned to the


          ':his c"?.e states that when employes are taken away _orn their regular assigned duties they will be paid in a certainrisnnerv It is silent as tc: the payment to employes who are Called _zw rvestigatiens at other times than during their regular azs:Lgned duties.


          Tn:.s claimant had nr other choice but to attend the --nqes°cigation bprcause if he refused to do so he would haevre been gaiety of insuborindation and subjezt to discipline- The carrier took two hours of S-,he claimant's time for its own use and benefit .r: the furtherance of its own business, and the Third Division nas ne`id in many swards that empioyes should be compensated for this service order the t=all Rule if there is no other rule in the Effective Agreement granting them pay for such service:


                  This ~_Iaimant is entitled to be compensated under Rule -

          _!: ~:f the Effective Agreement and should be paid at his pro=rata -

          ;ntP for three hours


          AWARD: Claim sustained it). accordance with the ^pinion:


                        ,·Lguea; Thomas C. Beg-ley


                      `ff~,_,mas t%. Begley, Chairman


            Signed ' 64 I Chr,.seophe:° : Signed' M, L~ Erwin

          W-- C.iristopher_ Employee Member M L Erwin. Carrier Member-


          Tyler, Texas r=roe a6.. 1958