PROCEEDINGS BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 280
PARTIES TO DISPUTE:
Brotherhood of Maintenance of I-lay Employees)
Case No. 76
and )
Award No. 77--,
St. Louis Southwestern railway Company ) :
STATEMENT OF CLAIM:
1. The Carrier violated the effective Agreement between the -
Carrier and the Brotherhood of Maintenance of Way Employes when on
May 1, 1962, it required Extra Gang 4457, J. L. Northcutt, Foreman,
and W. M. Beechley,.C. A. Abernathy, G. W. Bond, L. E. Ferguson
P. W. Watts, Robert Walton.. 6I. Turner, C. Fields, S. Deadman,
L. Stephenson, F. Jiminez, and R. Body, Laborers, to begin traveling
to and from their assigned headquarters to work location on their
own time.
2. The Carrier shall be required to compensate the Claimants,
Foreman Northcutt, and Laborers, Beechley, Abernathy, Bond,
Ferguson, Watts, Walton, Turner, Fields, Deadman, Stephenson,
Jiminez and Body, at time and one-half time, at their respective
rate of pay, for time worked preceding their regularly assigned
eight hour work period and for time worked following and continuous
with their regularly assigned
a
hour work period, beginning May 1,
1962, and all subsequent dates until such time the Carrier complies
with our Agreement.
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 that
this Board is duly constituted by agreement and has jurisdiction
of the parties and of the subject matter.
From the evidence of record the Board finds that the Carrier
may designate the assembly point of this gang. Under the Mediation
Agreement of October 13, 1959 Section 5 employees are not paid for
time consumed in traveling from their designated headquarters to
the assembling point. The claimants traveled from their designated -
headquarters to the assembly
point.and from
the assembly point to
the designated headquarters on claim dates (see Award-15973 Third
Division). -
r-
- 2 - AWAn N0. 77
AWARD:
Claim denied.
/s/ Thomas C. Begley
Thomas C. Begley, Chairman
/s/ A. J. Cunningham
A. J. Cunningham, Employee Member
/s/ M. L. Erwin
M. L. Eznyin, Carrier Member
Issued at Cleveland, Ohio
this 3rd day of April, 1968.