Award No. 87
Docket No. 91
NATIONAL RAILROAD ADJUSTMENT BOARD
Second Division
PARTIES TO DISPUTE
SYSTEM FEDERATION N0. 45, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (CARMEN)
ST. LOUIS SOUTHWESTERN RAILWAY COMPANY OF TEXAS
DISPUTE:
CLAIM OF EMPLOYES.-That Inspector W. L. McCaskill and
Inspector J. A. Clark, employed as car inspectors at Texarkana, be paid at
the rate of time and one-half for all time worked in excess of eight hours,
per Rules 3 and 4 of agreement.
POSITION OF EMPLOYES.-
"RuLfl
3. Overtime.-All overtime continuous with regular bulletined
hours will be paid for at rate of time and one-half until relieved except
as may be provided in rules hereinafter set out.
"Work performed on Sundays and the following Holidays: viz, New
Year's Day, Washington's Birthday, Decoration Day, Fourth of July,
Labor Day, Thanksgiving Day, and Christmas (provided further when
any of the above Holidays fall on Sunday, the day observed by the State,
Nation or Proclamation shall be considered the Holiday), shall be paid for
at the rate of time and one-half, except that employes assigned by bulletin to work on Sundays or Holidays, or employes called to 811 the place
of employes so assigned, will be compensated on the same basis as on
week days. Sunday and Holiday work will be required only when necessary to the continuous operation of the railroad."
"RULE
4. Overtime Shop Work.-For continuous service after regular
working hours employes will be paid time and one-half on the actual
minute basis with a minimum of one (1) hour for any such service
performed.
"Employes will not be required to work more than two (2) hours after
their regular assignment without being permitted to go to meals. Time
taken for meals will not terminate the continuous service period and will
be paid for up to thirty (30) minutes.
"Employes called or required to report for work and reporting and not
used, will be paid a minimum of four (4) hours at straight time rates.
"Employes called or required to report for work and reporting will be
allowed a minimum of four (4) hours for two hours forty minutes (2'40")
or less and will be required to do emergency work only.
"Employes will be allowed time and one-half on minute basis for services performed continuously in advance of the regular working period with
a minimum of one (1) hour-the advance period to be not more than one
(1) hour.
"Except as otherwise provided for in this rule, all overtime beyond
sixteen (16) hours actual service in any twenty-four (24) hour period
shall be paid for at the rate of double time. (This rule is interpreted
to mean that an employe will be paid double time only after sixteen (16)
hours actual service in any twenty-four (24) hour period, such sixteen
(16) hours of service to be computed from the regular starting time of
his shift, exclusive of the meal period taken during the first shift)."
We contend that there is nothing in our agreement that allows or permits
working anyone over eight (8) hours without paying time and one-half for
same. The agreement does not provide for working extra men, and our
contentions are they are all regular employes, who have been laid off or
furloughed on account of reduction in force. When called back to work, the
agreement covers them and they are entitled to time and one-half for all time
worked over eight hours.
(179)
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mitted to work for more than one man during a twenty-four hour period, without requesting or receiving time and one-half for so doing.
The rules are clear as written and cannot be sufficiently stretched to justify
overtime at punitive rates in the case now under consideration. In a case
that
is not analogous, but in which the principle is the same, this Honorable Board
in its Decision No. 24, has already ruled that it is not intended for a carrier to
pay time and one-half when relief is furnished for the convenience of the employes, or when overtime is not earned under the rules.
Extra Inspectors McCaskill and Clark were properly compensated under the
agreement, and to grant the request of the employes in this case would, in fact,
grant them a new rule which is beyond the statutory authority of this Board.
We, therefore, request that the claim be denied.
FINDINGS.-The Second Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute
are respectively carrier and employe within the meaning of the Railway Labor
.Act, as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
The overtime rule involved in this dispute does not differentiate between regular assigned employes and extra men.
AWARD
Claim of employes sustained.
NATIONAL
RAILROAD
AuJUSTMENT
BoA$II
By Order of Second Division
Attest: J. L.
MINDLINQ
Secretary
Dated at Chicago, Illinois, this 2nd day of October, 1936.