YARDMASTER DEPARTMENT AWARDS

AWARDS 108 - ATTENDANCE AT CARRIER REQUIRED HEARING TEST NOT CONSIDERED WORK

AWARD # REFEREE RAILROAD
Second Division Award 12234 Simon CSX Transportation (C&O)

Second Division Award No. 12234 (Simon)

"The above quoted provisions, as well as the remainder of the two Rules, refer to "work" or "service." The Carrier argues the time involved in this dispute is neither work nor service, as those terms are used in the Agreement. Carrier asserts Claimant did not perform any of the duties cited in the Carmen's Classification of Work Rule. It further submits the hearing test is merely part of a physical examination, which is not subject to compensation under the Agreement. The Organization, however, argues the compulsory nature of the examination requires it be considered compensated. Otherwise, the Organization suggests Carrier would be in violation of the Railway Labor Act by unilaterally changing the working conditions of the employees.

"All time during which an employee is required to give up his own pursuits in order to satisfy a requirement of the Carrier is not necessarily work or service time, as those terms are used in the Agreement. The Agreement, in Rule 6(d), recognizes that some time, such as attending court, deadheading, travel time, etc., might be compensated by special allowances. We read Rules 6 and 7 to apply only when the employee is actually performing work or service. There is ample arbitral precedent holding such time is not work or service, as contemplated by the Agreement. See Second Division Awards 1162 and 3086. We concur with those decisions, and find the time spent in this case was, therefore, not subject to the overtime Rules."


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Last modified: April 29, 2005