ARBITRATION BOARD N0. 298
IN THE MATTER OF AN ARBITRATION )
between )
)
CARRIERS REPRESENTED BY THE )
NATIONAL RAILWAY LABOR CONFERENCE )
AND THE SOUTHEASTERN, EASTERN AND ) AWARD
WESTERN CARRIERS' CONFERENCE )
COMMITTEES )
)
and )
EMPLOYEES' NATIONAL CONFERENCE
COMMITTEE, FIVE COOPERATING RAILWAY
LABOR ORGANIZATIONS
)
(NATIONAL MEDIATION BOARD )
CASE N0. A-7948) )
The Board of Arbitration provided for in the Arbitration Agreement
of July 19, 1967 having been named and constituted in accordance with
said Arbitration Agreement and in accordance with the provisions of the
Railway Labor Act, after hearing the parties or their representatives and
considering the testimony, exhibits and argaments presented, does hereby
make its Award as follows:
I. The railroad company shall provide for employees who are employed
in a type of service, the nature of which regularly requires them
throughput their work week to live away from home in camp cars,
camps, highway trailers, hotels or motels as follows:
A. Lodging
1. If lodging is finished by the railroad company, the
camp cars or other lodging furnished shall include
bed, mattress, pillow, bed linen, blanket, towels,
soap, washing and toilet facilities.
2. lodging facilities furnished by the railroad company
shall be adequate for the purpose and maintained in a
clean, healthful and sanitary condition.
3.
If lodging is not furnished by the railroad company
the employee shall be reimbursed for the actual
reasonable expense thereof not in excess of $4.00
per day.
_ 2 -
B . Meals
1. If the railroad company provides cooking and eating
facilities and pays the salary or salaries of necessary cooks, each employee shall be paid a meal
allowance of .1'11.00 per day.
2. If the railroad company provides cooking and eating
facilities but does not furnish and pay the salary
or salaries of necessary cooks, each employee shall
be paid a meal allowance of x.00 per day.
3.
If the employees are required to o'otain their meals
in restaurants or commissaries, each employee shall
be paid a meal allowance of
$3.00
per day.
4. The foregoing per diem meal allowance shall be paid
for each day of the calendar week, including rest days
and holidays, except that it shall not be payable for
work days on which the employee is voluntarily absent
from service, and it shall not be payable for rest days
or holidays if the employee is voluntarily absent from
service when work was available to him on the work day
preceding or the work day following said rest days or
holiday.
C. Travel from one work point to another.
1. Time spent in traveling from one work point to another
outside of regularly assigned hours or on a rest day
or holiday shall be paid for at the straight time rate.
2. An employee who is not furnished means of transportation by the railroad company from one work point to
another and who uses other forms of transportation
for this purpose shall be reimbursed for the cost of
such other transportation. If he uses his personal
automobile for this purpose in the absence of transportation furnished by the railroad company he shall
be reimbursed for such use of his automobile at the
rate of nine cents a mile. If an employee's work
point is changed during his absence from the work
point on a rest day or holiday this paragraph shall
apply to any mileage he is required to travel to the
new work point in excess of that required to return
to the former work point.
II. Employees (other than those referred to in Section I above and other
than dining car employees) who are required in the course of their
employment to be away from their headquarters point as designated by
the carrier, including employees filling relief assignments or performing extra or temporary service, shall be compensated as follows:
- 3 -
A. The carrier shall designate a headquarters pint for each
regular position and each regular assigned relief position.
For employees, other than those serving in regular positions
or in regular assigned relief positions, the carrier shall
designate a headquarters point for each employee. No designated headquarters point may be changed more frequently than
once each 60 days and only after at least 15 days' written
notice to the employee affected.
B. When employees are unable to return -to their headquarters
point on any day they shall be reimbursed for the actual
reasonable cost of meals and lodging away from their headquarters point not in excess of :7.00 per day.
C. An employee in such service shall be ih:^nished with free
transportation ')y the railroad company in traveling from
his headquarters point to another point, and return, or
from one point to another. If such transportation is not
furnished, he will be reimbursed for the cost of rail fare
if he travels on other rail lines, or the cost of other
public transportation used in making the trip; or if he has
an automo'?ile which he is willing -to use and the carrier
authorizes him to use said automobile, he will be paid an
allowance of nine cents for each mile in traveling from his
headquarters point to the work point, and return, 3r from
one work point to another.
D. If the time consumed in actual travel, including waiting
time enroute, from the headquarters point to the work location, together with necessary time spent waiting for the
employee's shift to start, exceeds one hour, or if on completion of his shift necessary time spent waiting for
transprtation plus the time of -travel, including waiting
time enroute, necessary to return to his headquarters point
or to the next work location exceeds one hour, then the excess over one hour in each case shall be paid for as working
time at the straight time rate of the job to which traveled.
When employees are traveling by private automobile time shall
be computed at the rate of two minutes per mile traveled.
III. (Not reproduced - applies to dining car employees only.)
IV. Except as benefits have been awarded in Sections I, II, and III and
subparagraphs thereof, all other requests contained in Article IV
of the employees' Section
6
Notice of May 10,
1966
are denied.
V. Inanfar as there are presently agreements in effect between any of
the carriers and organizations party to this arbitration which
agreements include provisions dealing with the types of employee
benefits provided for in Sections I, II, and III, and the subparagraphs thereof in this award, the
organizations party
to such
existing agreements shall have the option of accepting
army
or all
of the benefits provided in this award or of continuing in effect
any or all of the provisions of the existing agreement in lieu
thereof. Such election must be exercised on or before December 31,
1967.
There shall be no duplication of benefits.
Executed this 30th day of September
1967
in the city of Washington, D. C.
ARBITRATION HOARD N0.
298
/s/ Paul D. Hanlon,
Paul D. Hanlon, Neutral Member,
Chairman
/s/ David H. Stowe
David H. Stowe, Neutral Member
/s/ G. E. Leighty
George E. Leighty, Employee Member
/s/ H. C. Crotty
Harold C. Crotty, Employee Member
/s/ A. E. Egbers
Alvin E. Egbers, Carrier Member
Ls/
R. L. Harvey
Richard L. Harvey, Carrier Member
(Attachments to Avard not reproduced.)
Interpretations of the Arbitration Board, Arrived at in Conference
at the Time the Award was Executed at Washington, D. C. on
September
30, 1967
1. It was decided by the Board, that the provisions of Section I,
shall not apply to employees where the men report for duty at a
fixed point, which remains the same point
throughout the
year.
2. Under the provisions of Section I C 1, each man will be paid
the amount of travel time from one point to another which the
conveyance offered by the carrier would take regardless of how
any man actually travels from one point to the other.
3.
Under the provisions of Section II, the sixty-day limitation
on change of headquarter's point is not intended to apply in the
case of a man who obtains a regular position by exercise of
seniority or otherwise.
Example: Employee Smith is on the extra list at Chicago, and
on November 1,
1967,
the carrier designates Chicago as his headquarter's point.
rn
December 1, a regular position with headquarter's
point at Aurora becomes vacant, and Smith is the successful. bidder
for the position. Smith's headquarter's point automatically becomes
Aurora, as of his first day on that job, and the expense allowances
provided in Section II, are not payable.
4.
Full time cooks will be employed and paid by the carrier, where
the :>1.00 per day meal allowance is paid under Section I B 1.
Uhere the cimpany uses a helper or laborer in the gang, on a
part-time basis, at the camp, and he also performs other work with
the gang, then the $2.00 allowance shall be paid, as provided in
Section I B 2.
5.
Under Section II B, if the carrier provides a lodging facility,
at an away from headquarter's point, and an employee is agreeable to
using such facility, then the maximum allowance will be
$3.00
for
meals.
(COPY)
ARBITRATION BOARD N0. 2~8
IN THE MATTER OF ARBITRATION )
Between )
CARRIERS REPRESENTED BY THE NATIONAL )
RAILWAY LABOR CONFERENCE AND THE )
EASTERN, SOUTHEASTERN AND WESTERN )
CARRIERS' CONFERENCE COMMITTEES
And ) Interpretation No. 1
)
EMPLOYES' NATIONAL CONFERENCE )
COMMITTEE2 FIVE COOPERATING )
RAILWAY LABOR ORGANIZATIONS )
(NATIONAL MEDIATION BOARD
CASE No. A-79+8) )
It is hereby determined that: if an organization party to the
Award of Arbitration Board No. 298 expresses an option which it considers available to it under Section V of the Award and so advises
the Carrier in writing at any time prior to midnight of December 31, .
1;67 (extended by agreement of the parties through January 15, 1368)
such expression shall be compliance with Section V of the Award.
Disputes relative to the propriety of such elections may
be resolved after that time.
The effective date of options, held to be proper, shall be
October
15,
1967 and payments shall be adjusted accordingly to the
(COPY)
extent necessary to give such effect.
Dated this 12th day of December
1967.
Arbitration Board No. 2~8
(Signed) Paul D. Hanlon
Paul D. Hanlon, Neutral Member,
Chairman
David H. Stowe
David H. Stowe, Neutral Member
G. E. Leighty
George E. Leighty, Employee Member
H. C. Crotty
Harold C. Crotty, Employee Member
A. E. Embers
Alvin E. Egbers, Carrier Member
R. L Harvey
Richard L. Harvey, Carrier Member
We the members of Arbitration Board No.
235,
Case No. A
7348
in
the proceedings to which this Certificate is attached hereby
certify that the foregoing is a true and correct copy of the
Interpretation No. 1 to the Award of the Board in said proceeding,
as the same is filed in the Office of the Clerk of the United
States District Court for the Northern District of Illinois,
Eastern Division.
Arbitration Board No.
238
(Signed) Paul D. Hanlon
Paul D. Hanlon, Neutral Member,
Chairman
David H. Stowe
David H. Stowe, Neutral Member
G. E. Leighty
George E. Leighty, Employee Member
H. C. Crotty
Harold C. Crotty, F3iployee Member
A. E. Egbers
A_. vin E. Egbers, Carrier Member
R.
L.
Harvey
Richard
L.
Harvey, Carrier Member