AWARD No.
5
Docket
X0.5
SPECIAL BOARD OF ADJUSTMENT N0.
279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT
OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement when it failed to
compensate Bridge Derrick Operator J. E. 0'Bannon at the over
time rate for the time he was in charge of and responsible for Pile Driver
X-1006 while accompanying said machine in transit between Taylor, Texas and
Robstoim, Texas, November
15
to
18, 1957;
between Robstown, Texas and Cotulla,
Texas, December 20 to
23, 1957
between Cotulla, Texas and San Antonio, Texas on
March
25, 1958;
and between San Antonio and Cotulla, Texas on April 1 and
2,
1958.
(2)
Bridge Derrick Operator J. E. 0'Bannon now be allowed forty
four hours' pay at time and one half rate because of the
violation referred to in Part (1) of this claim.
FINDINGS
: It appears that in August,
1957,
the bridge construction engineer
personally instructed the claimant and other operators in the system
bridge and building gangs on the Gulf District that in the future on convoy
trips they would be required to remain on duty only during their regularly assigned
hours except in the event of an emergency requiring them being called to perform
some service. Subsequently, on August
29, 1957,
instructions were given to the
foremen of such system gangs that thereafter a hoisting engineer moving with his
house or car would be considered to travel under the provisions of Rule 21 and
specified that the duties of a hoisting engineer included protection of his
machine while enroute on a move to insure that no difficulty such as hot boxes
developed.
Such instructions were for the purpose of making uniform the application of
the agreement in such cases throughout Carrier's property.
While it is not so specified, the only reasonable inference from the written
instructions to the foremen is that the duties specified would be required of
such hoisting engineers while on duty during their regularly assigned hours or
when otherwise called to perform service.
There is no evidence in this docket that the claimant was either instructed
to or did perform any such service outside of his regularly assigned hours, so
his claim for compensation is without merit.
A14AFM : Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0. 279
(s) Dudley E. Whiting
Dudley E. Whiting - Chairman
(s) A. J. Cunningham (s) G. W. Johnson
A. J. Cunningham - Employe Member G. W. Johnson - Carrier Member
St. Louis, Missouri - July 16,
1959