3PROIAL BOARD OF ADJUTMFNtT NO 100


PARO;-F'S ' The Order of Railroad T=12graphers

    o-,'0 y


!'S!-DTi; : Sr, Louis Soutnwcstern T?ailway Company

    '°'(.'i~iT;TvT OF GLA~:M


;,? Carrier violated the 'rltgrapYe.-^s' Agreement shot
 -uuared G1ark-Megraphpr B- D, Way, Jonrsboro. Arkansas. to,
 =-porn at. Pine Bluff, Arkansas on Friday. May 10, 1957. ore ,:f his pest days to appear as a. witness for the Carrier ire an L'ovestigasion in which he was nor: involved and had no interest, a"d refused no rompensate him therefor in accordance with Article S._mion . !m) 11 A '1) of the said Agroement.

 `?` Claimant LaMav shall now be compensated for eight, '8) hour s at time and ore.-half rare total amount: 426_16,- for the Yor·: : es he was thus required to perform for the Carrier on his ,,signed rest; day.

 FINDINGS The claimant held .=. regularly .assapred rrst day rpise.f
 posit;son working Saturd,y, 8:00 a m - 5:00 p.m.;
 Agent-Telegrapher_ Weiner, Arkansas: Sunday=Mondiy, 3'00 p.m. .. __-
 °·On a m. z Clerk"TeiegrapVr_ Jouesboro, Arkansas Tuesday> -
 Vedresday, 11:00 Pon. - ;T:vO a,,m., Clerk=Telegrapher, Jonesboro,
 Arkansas Thursday-Friday: assigned rest day.

          The Claimant received a letter dined May 2: 1957, from

_ne terrier instructing him to attend an investigation set °;,o __
 ^egxn in the office of the Assistant Superintendent it Pine Bluff.
 A·kansas at 'y°00 a.m Friday, May 1C,, 195:·". The Claimant was -
 o'vdpred to rppor~ as a witness a;. 1f:3C a-m:. He was not involved
 :.r ,he :.t~°ies~;iga~;=en

 The :lalmant states that he should have beers paid by one :-gorier puisuant to the provisions of Article i,. SP'."tlor= i ih) .:A :l; of the Effeo-cite Agreement His claim was denied by the &-c-r,
    ie'r


          A-t.i- ie ', Se.^.t,n : 01, 2A ;i.) reads as fallcws:


    ~te,=iot: 1 ;a3 - The AWrrier will establish; effective September :.r 1949, for all employees, subject no the

    exceptl3ns contained in this Article j,. ·^i work week o:. -

    forty ;401 hours; consisting of five i5, days rf eight

    nou-s P9ch,, with two 01 nnnspcuti'vp days off iY,

                      - _ - AWARD N0. ' "b


      earn seven (7) the work weeks may be staggered in r^_ _odanCe With C arrier `s operational requirements,, to f:=r as practicable the days off shall be Saturday .a^.a Sunday. The foregoing work week rule is subject o-c ;:he provisions of this Article "T which fcllow>"


    "1' - E- mpwoyes required 5,o . perform ser.·;ne on the;·r as-

    signed rest days within the hours of their regula

    week day assignment shall be paid on the following

    bases`


    F°A si) - Employes occupying positions requiring a Sunday assignment. of the regular week day hcu,°s shall be paid at the rate of time and one-half with a minimum °f eight hours. whether the roquired service :.s on their regular positions or on other work .1`


The carrier states that the only rule of the Effective Agreement pertaining to investigations is Article $ of the Effe:-
 "r;-e Agreement and that under this rule, unless a persona is taker -
 · from his regular assigned duties at the ;·eouest of the carrier - no is hat entitled to any compensation for attniding investagat.ons..

 11; we stated in Award No 175; and has been. stated many __mes by Awards of the Third Division, the carrier- received a
 ·enefit from this claimant where he was called as A witness in irk -
 -investigation in whi^h he was not involved on his rest day, acrd ° _
 oherefore this claimant should be compensated for the time spend
 attending the investigation, His zest day was a day on which his time was his own to be spent as he saw fit,, yet he was
 r.s.~.r ucoed by the _-avrier to spend it otherwise for a purpose which is recognized as a benefit to the carrier.

 There being no rule in the Effective Agreement relative _o compensation for attending investigations ors rest days, or at, time not included in an employes regular nssignmeLt;, the Beard rinds that the claimant should be paid under ArUcle 6-4, The Gall Rule. of the Effenti7P Agreement

 The Board finds that Arti^ie ';'. Section 1 ;a); 2A 12), :r,d ArtMe $ of the Effective Agreement have no beating in this
 .-se

          Both the submissions of the emp3-oy6 and the carrier

Ta silent as to the amount of time the employe spent in going
 ,.o -the place where the investigation was held and returning home -
 rid the. amounn of time tae employe spent at the investigation.

:.s therefore, impossible for this Board to state the number of hours this cla-_matt should be compensated z"or b ,he carrier under Article 6?4. .See Award 4914 Third Division


The carrier and the organization shall ascertain the number of hours scent by this claimant in traveling to and from the investigation and the naerier is ordered to compensate ;his claimant for that amount of time under Article 6->b M the Effective Hgreemern

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                                                I~YaFri~D Nf3


        n'hARB~ ,r, ;,aim sustaiaad in -arnord.ar^.e with r~pirlicr


                        >~:od ;·ncm ~s C !~ i~.it


                      T't__,mag~"C'.Bpp_eg ~,hairma:,.


            ,r~;H^: ri, 't':Y'_3"~pfla:' _ :i).gT:Ed: ~iL., r~rd;t:


        `,'mp oye C-t;rr-pr PZn,~,el.r

                            e Impmber L, Prwin I


Tyler, Texas
 .,r_e~ 5 I Q58