SPECIAL BOARD OF ADJUSTMENT N0, 1048
Award No. 5
Parties to Dispute:
Brotherhood of Maintenance of Way Employees
and
Norfolk and Western Railway Company
Statement of Claim:
B. V. Schaefer and W. S. Johnson - request for 2 hours pay while
attending investigation as a witness requested by the Organization.
Findings:
Upon the whole record and all the evidence, after hearing, the Board finds that the
parties herein are carrier and employee within the meaning of the Railway Labor
Act, as amended, and this board is duly constituted by agreement under Public Law
89-456 and has jurisdiction of the parties and subject matter.
The Organization requested that Claimants appear as witnesses in an unjust
treatment hearing for a coworker. Claimants were notified to attend the hearing in
a letter from Carrier's General Foreman. The Organization contends that Claimants
are entitled to compensation under Rule 54 because they were taken away from their
regularly assigned duties at the request of Management.
Rule 54 provides in pertinent part:
Employees taken away from their regular assigned duties at the request of the
Nanageaent, _ to aRpear as witnesses for the ~omoanv _ , sill be allowed
compensation equal to what would have been earned ad such interruption not taken place,
(Underscoring added,)
Entitlement to compensation under Rule 54 is conditioned on two factors; 1), being
taken away from assigned duties at Management's request, and; 2), appearing as a
witness for the Company. While it is arguable in this case that Claimants may have
subsequently been taken away from work at Management's direction (to honor
Grievant's request for their attendance at his hearing), it cannot be argued that
they did not appear as witnesses for the Company. Rule 54 cannot be fairly read to
require compensation in instances where the employee does not appear as a witness
for the Company.
A W A R D
Claim denied. Rule 54 does not require compensation in the circumstances present.
n C. Fl etcher
Richard A. Lau L. F. Mille , Jr
Organization Member Carrier Member
Issued at Mt. Prospect, IL, June 10, 1991