CLAIM MUST BE PAID AT CURRENT RATE
(172)
First Division Award No. 25167 (Richter)
(BLE/Union Pacific)
"There is no question that the Carrier had violated the Schedule Agreement and agreed to pay the claims. In fact, all the correspondence indicates the payments were penalty payments. All penalty claims should be paid at the appropriate current rate at the time the violations occur."
Public Law Board No. 5529,
Awd. 2, Case 2 (Fredenberger) (UTU/CSX Trans.)
"It is true, as clearly held by the arbitral authorities cited by the Carrier, that the proper rate of pay to determine compensation for time not worked is the pro rata and not the overtime rate. However, we believe the compensation sought by the claim in this case does not violate that principle. On each of the claim dates the Yardmaster work performed at Akron exceeded eight hours. The claim is for the pro rata rate for eight hours on each claim date plus the overtime rate for all time in excess of eight hours."
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