NATIONAL RAILROAD ADJUSTMENT BOARD

SECOND DIVISION

The Second Division consisted of the regular members and in

addition Referee John P. Devaney when award was rendered.


PARTIES TO DISPUTE:

SYSTEM FEDERATION NO. 78, RAILWAY EMPLOYES'

DEPARTMENT, A. F. OF L. (ELECTRICAL WORKERS)


THE DELAWARE, LACKAWANNA AND WESTERN

RAILROAD COMPANY


DISPUTE: CLAIM OF EMPLOYES: That monthly rated electricians should be compensated at time and one-half for services rendered after regular working hours in accordance with Rule 4, Manitenance of Way agreement, December 3, 1935.


JOINT STATEMENT OF FACTS: The railroad company employs electrical workers in the traction substation subdepartment under the Maintenance of Way Agreement of December 3, 1935, as supplemented by an agreement dated December 12, 1938, among whom are four (MacMillan, Heath, Norman and Ciliberti) who are paid on a monthly basis. MacMillan, Heath and Norman are assigned as substation operators, the first two working from 8:00 A. M. to 4:00 P. M., and the latter two from 4:00 P. M. to 12:00 Midnight, six days per week. These eight-hour shifts include twenty minutes for lunch. Ciliberti is assigned as an electrical tester and works from 8:00 A. M. to 5:00 P. M., six days per week, with one hour off for lunch. Occasionally these four men are required to work after their regular working hours for which they receive no additional compensation over and above their regular monthly salary.


From January 1, 1939, to March 29, 1940, these four employes worked additional hours as follows:












During the same period, from January 1, 1939, to March 29, 1940, the four employes did not work on account of sickness:







and no deduction in salary was made.
638-15

 699

(1) A pro-rata reduction (based on a 30-day month) will be made in the monthly rates when working a short work week.



(3) An annual vacation period of two weeks with pay will be allowed. If the position is held less than one year, the vacation period will be at the rate of one day per month.


(4) The above provisions will also govern the position of "Tester," which is now paid at a monthly rate.


It was further agreed that this supplementary agreement will terminate upon the expiration of the existing monthly rates referred to above.

 I am sending you this letter in duplicate and would ask that you return one copy to me after it has been executed by the General Committee.

 ACCEPTED FOR SYSTEM FEDERATION No. 78, RAILWAY EMPLOYES DEPARTMENT, AMERICAN FEDERATION OF LABOR:

 (Sgd.) J. H. Kavanaugh
 General Chairman, Machinists

 (Sgd.) Michael Jordan
 General Chairman, Boilermakers
 Secretary-Treasurer,
 System Federation No. 78

 (Sgd.) William Korsack
 General Chairman, Blacksmiths

 (Sgd.) Garrett J. Black
 General Chairman,
 Sheet Metal Workers

 (Sgd.) Thomas Maddock
 General Chairman, Electrical
 Workers, President System
 Federation No. 78

 Yours very truly,

 ( Sgd. ) G. A. Phillips

 Chief Engineer.

 ACCEPTED FOR THE DELAWARE, LACKAWANNA AND WESTERN RAILROAD COMPANY:

 (Sgd.) G. A. Phillips
 Chief Engineer.

 (Sgd.) Richard Huddy
 General Chairman, Firemen & Oilers, Vice-President, System Federation No. 78

 (Sgd.) Leo G. Smith
 General Chairman, Carmen

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.


The parties to said dispute were given due notice of hearing thereon.
 638-is 700

 From a survey of events set forth in the record, the conclusion is forced that the agreement of December 12, 1938, supplementing that of December 2, 1935, provides the governing provision as to overtime of the employes here involved.

Claim of employes denied.


ATTEST: J. L. Mindling
 Secretary

 Dated at Chicago, Illinois, this 26th day of June, 1941.