SPECIAL BOARD OF ADJUSTMENT N0. 525
AWARD N0. 23
CASE N0. 23
GRAND DIV.: ORT 3701
ORGANIZATIONS FILE CARRIEftTS FILE
R-1284 _____, TE-5-62
STATEMENT OF CLAIM:
Carrier violated the terms of the Agreement between the parties
when it refused to pay Extra Telegrapher J. K. Hrockett for time consumed deadheading Denver, Colorado, to Minturn, Colorado on November
3, 1961; and for time consumed deadheading Grand Junction, Colorado
to Minturn, Colorado, on November 13, 1961.
Carrier shall now pay Extra Telegrapher J. K. Brockett a day s
pay (8 hours) for November 3, 1961, and six (6) hours pay for November
13, 1961.
SPECIFIC FINDINGS:
The Claimant possessed dual employment relationship being under
both the Telegraphers and Train Dispatchers Agreement as an extra
telegrapher and extra dispatcher.
Claimant on October 30, 1961, was working as an extra telegrapher at Buena Vista. While so engaged, he was instructed by Ca-Tier
to go to Denver to serve as extra train dispatcher. He was paid for
deadheading to Denver under Rule 7.1,(b) of Dispatchers' Agreement. After
working November 1 and 2 in Denver, he was instructed by Carrier to
proceed to Minturn to fill temporary vacancy on 3rd shift telegrapher?s
position.' The Carrier refused to nay claimant for time consumed in
deadheading from Denver to Mintvrn. He worked at Minturn until November 7.
Carrier again assigned him to Denver to serve as an extra train dispatcher. Claimant was paid for deadheading Minturn to Denver under
Rule 14(f), DispatchersT Agreement. He worked in Denver through
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November 10 as dispatcher and then was sent to Grand Junction to work
as dispatcher. He was compensated for deadheading under the Dispatchers'
Agreement. After working November 11 and 12 in Grand Junction he was
sent to Minturn to work as telegrapher.
Carrier refused to compensate
Claimant for deadheading Grand Junction to Mnturn.
The Organization claims Carrier should have paid deadhead on
the two underlined cases above under Rule 11(b) of the Telegraphers?
Agreement, reading:
o1b).
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 days pay of
employe relieved;"
even though assignments as train dispatcher intervened between his
assignments at different stations as extra telegrapher.
Rule 14(f) of the Dispatchers' Agreement under which claimant
was.paid when taken off assignment as telegrapher to protect extra
dispatcher's work, provides:
"(f) When an extra dispatcher is required by the
Company to travel from one point to another
to perform service as train dispatcher he
will be 'paid for actual time traveling at the
prorata rate of the position which he is to
.fill, with a minimum of six (6) hours and a
maximum of eight (8)
hours pay for such traveling. Traveling in the exercise of seniority
' will not be paid for."
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This case is similar in principle to that subject of our Award
No. 21. Here, a different assignment intervened and there, a trip home
intervened. We likewise find the claims asserted here without support
of the applicable Agreement.
AWARD
Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0. 525
Denver, Colorado
March 9, 1964
(Signed) J. Glenn Donaldson
J. Glenn Donaldson, Neutral Member
Chairman
(Signed) R. K. Anthis
R. K. Anthis, Organization Member
(Signed) C. E. Baldridge
C. E. Baldridge, Carrier Member