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MAY081964
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MAY 81964
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SPECIAL HOARD OF ADJUSTMENT N0.
525
AWARD N0. 21
CASE N0. 21
GRAND DIV.: ORT 3018
ORGANIZATIGNTS FILE CARRIER'S FILE -
R-1160 TE-4-59
EMPLOYES' STATEMENT OF CLAIM:
The Carrier pay extra Telegrapher R. A. Brown, a minimum of six (6) hours
pay at the rate of his last assignment for time consumed in deadheading
Spanish Fork, Utah, to Salt Lake City, Utah, at the instance of the
Company.
SPECIFIC FINDINGS:
Claimant, extra telegrapher, when not employed makes his home
or headquarters at Spanish Fork, Utah.
From March
15 to 25,
inclusive, he worked extra at Salt Lake
City sixty miles distant from his home. There being no further work in
sight in Salt Lake City, he returned to his home in Spanish Fork, on
March
25.
On April 1 Carrier had need for Claimants services at Salt Lake
City. He deadheaded there
and
later filed a time slip. His claim was
denied with the explanation that, "deadhead is paid from the station last
worked, and inasmuch as you last worked in U.N. office, Salt Lake prior to
April 1, must decline claim."
The Claimant relies on
Rule 11 - Transfers and Deadheading -
· ~ 58a5a~ -own
3(
T'(B)
Extra employes who have performed initial service
traveling at the instance of the Company, will
receive not less than the rate of pay of their
last assignment for necessary time consumed in'
deadheading with a minimum of six hours for each
movement and a maximum of not more than one dayfs
pay.
if
Claimant emphasises that his claim is for time consumed in
deadheading from Spanish Fork, the recognized home station or headquarters of the claimant, to Salt Iake City on April 1, to perform
service in the U.N. office.
The position of the Carrier is that under the applicable
Agreement, no "headquarters" or home base is provided for extra
employes; that past practice has been to pay a deadhead allowance
from station of initial service to a different station of subsequent service as the·services of the employe are required by the
Carrier.
In the local chairman
TS
letter of April 30, 1959, he states,
in part, as follows:
"It is our position that Mr. Brown had performed initial
service comma and was traveling at the instances of the
Company comma,
Rule 11 (B) however reads:
"Extra employes who have performed initial service traveling at the instances of the Company comma #·."
The punctuation gives an entirely different meaning to the words of
the Rule.
Traveling at the instance of the Company relates under the text
of the Rule to the time of performance of the initial service and not to
subsequent travel.
50.4
5a5-
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Carrier has asserted that its handling of this claim was in
accordance with long established practice and the Organization has not
denied it. If change in handling is to occur, it must be as the result
a
of bargaining.
AWARD
Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0. 525
(Signed) J. Glenn Donaldson
J. Glenn Donaldson, Neutral Member
Chairman
(Dissenting)
R. K. Anthis, Organization Member
(Sunned) C. E. Baldridge
C. E. Baldridge, Carrier Member
t
a
Denver, Colorado
March 5,
1964
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