` 1
C AWARD N0. 3
0 NRAB DOCKET N0. CL-7883
P CASE N0, 3
Y SSW FILE R-93-729-A-7.1
BRC FILE NR-27-36
SPECIAL BOARD OF ADJUSTMENT N0. 169
PARTIES The Brotherhood of Railway and Steamship Clerks
TO
DISPUTE) St. Louis Southwestern Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood:
(1) That Carrier has not compensated Mrs. Z, H. Carbaugh, Chief Clerk to
Assistant Superintendent, Illmo, Missourip for travel time and waiting time
incident to services performed by her at her away from home headquarter point as
stenographer recording the records of formal
investigations in
accordance with
the provisions of Rule 36-1 of current General Rules Agreement dated April 1, 1946,
and National Railroad Adjustment Board Award 5704 rendered April 4, 1952.
(2) That Mrs. Carbaugh be paid the difference due her as set forth in detail
in Employees' Exhibit E for the specific dates shown, namely:
September 18; 1949 - 1 hour 15 minutes - pro rata rate
March 1; 1950 - 13 hours 57 mutes - pro rata rate
September 15; 1950 - 13 hours 47 minutes - pro rata rate
February 17; 1951 - 7 hours 14. minutes - pro rata rate
February 25, 1951 - 5 hours 11 minutes - pro rata rate
and that her time for subsequent occasions of like nature be similarly calculated
in accordance with the foregoing.
FINDINGS: Claim is made that Claimant Mrs. Carbaugh was not properly compensated
for waiting and traveling time between her home station at Illmo and
her away-from-home assignment at East St. Louis. She arrived in East St. Louis
at 7:00 AM and went to work on her regular assigned hours at 8:00 AM, working
until 5:00 PM, and boarded train out of East St. Louis at 10:32 PM and arrived
back at her home station at 2:12 AM, The train upon which she traveled carried
Pullman accommodations but claimant rode the coach and occupied no Pullman space.
That part of the claim for the time from 7:00 AM, after arrival at East
St. Louis, until she went to work at 8:00 AM, and the time from 5:00 PM until
10:32 PM is first before us. The rule says that "time spent in traveling or
waiting to or from the temporary assignment outside of regular assigned hours ..
will be paid for at pro rata rate.pP The Board construes this part of the rule to
mean that the time spent in traveling and the waiting time involved in such
traveling is properly applicable here and that when she arrived at East St. Louis
she arrived at her temporary assignment and the time spent at East St. Louis from
7:00 AM to 8:00 AM and from 5:00 PM to 10:32 PM was not contemplated by that part
of the rule,
r'
Award No. 3
The rule further provides '?except that no time will be paid for traveling between the hours of 10:00 PM and 7:00 AM where lodging is provided by the
railroad.1o It is apparent that lodging between 3:15 AM and 7:00 AM and 10:32 PM
and 2:12 AM was available but it was not provided for this claimant; that under
the rule the Carrier owes the added obligation to make Pullman reservations or
inform claimant to use available space; that this was not done in this case; and
that claimant should be paid for travel time between 3:15 AM and 7:00 AM, Illmo
to East St. Louis, and between 10:32 PM and 2:12 AM, St. Louis to Illmo under such
circumstances. The fact that Pullman space was available is not the same as being
provided by the Carrier and travel time between hours of 10:00 PM and 7:00 AM
should be paid for on those occasions when reservations were not made or claimant
not advised to use available space.
AWARD: Claim disposed of in keeping with the above Findings.
-/s/ Frank P. Douglass
Frank P. Douglass, Chairman
/s/ W. E. Straubinaer /s/ L. C. Albert
W. E. Straubinger, Employee Member L. C. Albert, Carrier Member
Tyler, Texas
March 5, 1957