G. R. Conrad H. A. Brown

                  T. J. Lieb R. M. Frew

                  C. D. Barner W. V. Huling

                  P. C. Barroner T. E. Savering

                  G. F. McGuire G. L. Kurtz

                  J. M. McMahon D. L. Metz

                  F. E. Nelson S. E. Waite

                  G. J. Yartim S. J. Vinglas

                  J. L. Beyer F. L. Oaks

                  S. E. Vinglas


          FINDINGS:


          Upon the whole record and all the evidence, and after hearing on August 17, 1989, in the Carrier's Office, Philadelphia,

MEDBLACPennsylvania, the Board finds that the parties herein are Carrier

 ATTORNEY AT LAW and Employees within the meaning of the Railway Labor Act, as
 19129 ROMAN WAY 1
 GATTHERSURG.
 MARYLAND 2=
 (301) 977sooo
                    SBA No. 1016 / Award No. 37 - Case No. 37


          amended, and that this Board is duly constituted by agreement and has jurisdiction of the parties and of the'subject matter.


                                  OPINION

          The claim arises from claims filed by Foremen, Machine Operators and Vehicle Operators who allege that they are entitled to time and one-half pay under Rule 23 (c), instead of straight rate pay, for time spent traveling on the Carrier's crew bus on October 14, 1986.

          On the claim date the Claimants' headquarters (camp cars) were moved from Huntington, Pennsylvania to Mifflin, Pennsylvania. The Claimants' tour of duty at the time was 7 A.M. to 3:30 P.M. At 7 P.M. on October 14, the Claimants arrived at Lewistown, Pennsylvania, where they tied up their machines and equipment. The Claimants were bused from Lewistown back to Huntington; from Huntington the Claimants travelled by bus or by their personal automobile to Mifflin, the new headquarters point.

          Each member of the gang was paid three (3) hours straight time for travel time from Huntington to Mifflin. The Claimants contend that the three hours of travel time should be paid at the time and one-half rate because they were required to handle tools to and from the crew bus which brings their pay rate within the provisions of Rule 23 (c).


                  It is not disputed that the Machine Operator members of


          the gang transported their personal tools on the claim date, such


FRED
 ATTORNEY BUCKWELL AT LW
          as hammers, pliers, screw drivers, and wrenches, and that they


79129 ROMAN WAY 2
 UnER
 MARYI.ANO 20879
 (301) 971·5800
 SBA No. 1016 / Award No. 37 - Case No. 37

used such tools in the operation and maintenance of the machines and equipment which they operate at the various work sites.


        Rule 23 (c) reads as follows:

        "Employees traveling on a motor car, trailer or highway vehicle, who are required to operate, supervise (Foreman), flag or move the car or trailer to or from the track, or handle tools to and from such vehicles, shall be paid for time riding as time worked."


After due study of the foregoing and of the record as a whole, including the arguments presented by the parties in support of their positions in the case, it is concluded that the facts of the case come within Rule 23 (c) and accordingly, the claim will be sustained as hereinafter provided.


      Despite the Carrier's argument that the Claimants were


o transport the tools in question, and that Rule 23 construed as covering company tools only, and not


an ordinary reading of the rule yields the conthe fact that the tools are used to maintain Com-

which, in turn, carries out the work required by

the Company's business purposes, is sufficient to bring the tools under the rule. The rule as written contains no qualifying language that would permit the term "tools" to be read as referring only to "Company tools"; and the fact that the tools are used to maintain company equipment suffices to treat the Employees as being "required to handle... tools" within the meaning of the lang-


not required t (c) should be personal tools struction that pany equipment

FRED BLACKWELL

ATTORNEY AT WY


19129 ROMAN VAY

G11THHMRG.

MARYLAND 20879

X301) 977-5000

FRED BLACKWELL
 ATTORNEY AT LAW

19129 ROMAN NAY

GNMEMNA

MAFYWND 20979

l3of l 971-SM


SBA No. 1016 / Award No. 37 - Case No. 37

 uage in Rule 23 (c).

As to remedy, the record makes no showing that the Foremen and Vehicle operators among the herein Claimants handled tools during the travel situation of October 14, 1986 and consequently, the claims will be denied as to Foremen and Vehicle Operators.

In view of the foregoing, and based on the record as a ,whole, it is found that the Carrier violated Rule 23 (c); and that ',a sustaining Award for the Machine operators is in order and that 'otherwise a denial Award is in order.


(AWARD:

 The claims of the Machine Operators under Rule 23 (c) are

 sustained, but all other claims are denied.

 The Carrier shall comply with this Award within thirty

 (30) days from the date hereof.

 BY ORDER OF SPECIAL BOARD OF ADJUSTMENT NO. 1016

        s

        Fred Blackwell, Neutral Member


S. V. Powers, Labor Member

 (Executed on 1.1 ~.-C~,.,.~ ~~ , 1990

 ICOnrail\1016\37-37.N09

 J44H. Burton, Carrier Member

 I dissent inasmuch as the Board's interpretation of the rule is overly broad and ianores the intent and practice of the parties.