SPECIAL BOARD OF ADJUSTMENT N0. 192
PARTIES: BROTHERHCCD OF RAIUIA~Y, Aim STEAMSHIP CLERKS,
FREIGHT HANDLGMS, EXPRESS A!D STATION EMPLOY"-S
and `-
t~h
THE BALTIZIC.E AND OHIO RAILROAD
COMPANY
AWARD IN DOCKLT 140. 26
`J
STATEMENT Claim of the System Committee of the Brotherhood that:
OF CLAI11-i:
(a) Carrier violated the Clerkso Agreement when it did not compensate
Rate Clerk H. B. Zimmerman, Cincinnati, Ohio, for five hours and forty minutes at
pro rata rate on August 19, 1955, in compliance with Rule 24(a) of the Clerksp
Agreement, and
(b) Claimant Zimmerman shall now be allowed five hours and forty
minutes pay in addition to compensation received by him for services rendered on
Friday, August 19, 1955.
FIPDINGS: Claimant, a rate clerk, assigned to the General Freight Office in
Cincinnati, was required to perform service away from his headquarters in Chicago. His regular hours were from 8 Ail to 5 FM. He left Chicago
for Cincinnati on Friday, August 19, 1955, at 1.15 IM, arriving at 10.40 FM. He
claims 5 hours 40 minutes pro rata pay from 5 PPH to 10.40 PM on Friday.
The disposition of this claim turns upon the application of Rule 24(a),
which in pertinent part reads as follows:
"Employees not regularly assigned to road service, who are temporarily
required to perform service away from their headquarters, which necessitates their traveling, shall be allowed necessary expenses while away
from their headquarters, and will be paid pro rata for any additional
time required in traveling to and from the temporary assignment, except
that where lodging is furnished or paid for by the railroad, no additional compensation will be allowed unless actually required to perform
service in excess of eight (8) corn ecutive hours exclusive of the meal
period.·9
The claimant had been in Chicano for several days prior to Friday and
his necessary expenses and lodging were paid for by the railroad. The employeevs
claim is apparently based on the fact that the railroad neither paid for nor
furnished lodging on Friday night.
It is clear that claimant was not required to perform service (within
the meaning of Rule 24(a)) after his regular hours on Friday. His lodging was paid
for by the railroad while he was traveling. Therefore, the exception with respect
to the payment of additional time applies. This is the interpretation which has
been followed for many years on this Carrier and the rule clearly admits of such
an interpretation. While the employees assert that they have not concurred in
Docket No. 26
such an interpretation there is no record of any instance of protest. To interpret
the rule as the employees now contend could well work to the disadvantage of the
individual involved. Under the interpretation contended for by the employees, the
Carrier without penalty could have held the claimant in Chicago until the end of
the working day and furnished him with Pullman accommodations on the night train
at little additional expense to it, but with considerable inconvenience to the
employee involved.
AS TARD
Claim (a) and (b) denied.
/s/ Francis J. Robertson
Francis J. Robertson
Chairman
E. J. Hoffman
Employee Member
Is/
T. S. Woods
T. S. Woods
Carrier Member
Dated at Baltimore, Maryland this
19th day of February, 1959