YARDMASTER DEPARTMENT AWARDS

AWARD 150 - EIGHT HOURS CONSTITUTES A CALENDAR DAY

AWARD #

REFEREE

RAILROAD

Fourth Division Award 4321

Suntrup

CONRAIL

Fourth Division Award No. 4321 (Suntrup)

"The parties to this Agreement negotiated a definitional section wherein it is stated: '(e)xcept as otherwise specified, all reference to number of days means calendar days' (emphasis added). Herein is clear indication that the parties left open the option of referring to days in some other manner than 'calendar days'. Rule 4-A-1(a) states: '…(t)he assignment of regular yardmasters shall be five (5) days per week'. If the interpretation proposed by the Carrier is taken literally this provision would mean that the yardmasters in question would be assigned 5 times 24 hours per week. This would lead to an illogical conclusion. When the Board is confronted with alternatives whereby an interpretation can lead to a logical or an illogical result 'consistent procedure and construction dictate the adoption of the former' (Fourth Division Award 1260; see also Fourth Division Awards 1224, 1640, 3218). Clearly, the phrase 'five (5) days per week' in Rule 4-A-1(a) draws its significance from the first sentence of this Rule which is: '(e)ight consecutive hours service…shall constitute a day…'


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Last modified: April 29, 2005