Award No. 985
Docket No. 918
2-MP-MA-'44
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 2, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (MACHINISTS)
MISSOURI PACIFIC RAILROAD COMPANY
DISPUTE:
CLAIM OF EMPLOYES:
a. That by compensating Machinist B. Ehman of Falls City, Nebraska,
at straight time rate for service required on second shift date of
' Sunday, December 6, 1942, management violated provisions of controlling agreement and Rule 3 (b) thereof.
b. That Machinist Ehman. be additionally compensated at rate of time
and one-half for service rendered date of Sunday, December 6,
1942.
EMPLOYES' STATEMENT OF FACTS:
At Falls City, Nebraska, carrier
maintains a roundhouse and machine shop force. In the roundhouse there are
mAiantained-
1. Two shifts of supervisors with hours from 6:30 A. M. to 6:30 P. M.
and 6:30 P. M. to 6:30 A. M.; one roundhouse foreman on each of
the respective shifts.
2. Three shifts of machinist inspectors, one on each shift--7:00 A. M.
to 3:00 P. M., 3:00 P. M. to 11:00 P. M., and 11:00 P. M. to 7:00
A. M.
3. Two shifts of machinists with hours of first shift from 7:30 A. M.
to 4:30 P. M. and night shift 7:30 P. M. to 4:30 A. M.
4. Machinists on day shift are assigned by bulletin to work six and
seven days per week on basis of sixty per cent working six days per
week and forty per cent working seven days per week.
a. On date of Sunday, December 6, 1942, by permission of carrier,
Night Foreman Cooper laid off.
b. That by direction of carrier, Machinist Inspector Brown, regularly
assigned on 3:00 P. M. to 11:00 P. M. shift, seven days per week,
filled vacancy of Night Foreman Cooper on December 6, 1942.
c. Machinist B. Ehman, regularly assigned on first shift six days per
week, exclusive of Sundays and holidays, was ordered by carrier to
work second shift inspection job in place of Brown, 3:00 P. M. to
11:00 P. M. shift, Sunday, December 6, 1942, for which he was
paid straight-time rate.
POSITION OF EMPLOYES:
In view of the foregoing and the intent of
the exception in Rule 3 (b)
Work performed on Sundays, and the following legal holidays,
namely New Year's Day, Washington's Birthday, Decoration Day,
Fourth of July, Labor Day, Thanksgiving Day, and Christmas (pro[252]
985-4 255
(e) 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 hour-the advance period to be not
more than one hour.
(f) Except as otherwise provided for in this rule, all overtime
beyond sixteen hours actual work in any twenty-four hour period,
computed from starting time of employes' regular shift, shall be paid
for at rate of double time.
The employes' request has heretofore been denied by the management on the
basis that Rule 4 is in no way applicable to the claim. For the service performed by Mr. Ehman, he was entitled to compensation in accord with that
part of Rule 3 (b), reading:
"MEN CALLED TO FILL THEIR PLACES ON SUCH REGULAR
ASSIGNMENT, WILL BE COMPENSATED ON THE SAME BASIS
AS ON WEEK DAYS."
The week day basis of payment is pro rata rate and this rate is paid to the
man who fills the Sunday assignment established under the rule. If the
regular man fills the job he is paid on this basis and when he is. absent for
any cause whatsoever and another man is called to fill the job he, likewise,
is paid on the same basis, in strict accord with the plain reading of the rule
and the practices thereunder, since the rule has been a part of the agreement
between the carrier and the employes' organizations representing the employes.
This same question has heretofore been presented to your honorable board
by the complainant organization and covered by your Award No. 875, Docket
No. 799, dated Chicago, November 20, 1942. The facts in the instant case are
no different in principle than those contained in the case covered by the
aforementioned award and the carrier respectfully requests that what was said
in its position in this previous case (Award No. 875) be given appropriate
consideration by your honorable board in the adjudication of the instant
dispute.
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 abor 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.
Rule 3 (b) provides that employes "* * * who are regularly assigned by
bulletin to work on Sundays and holidays and men called to fill their places
on such regular assignment, will be compensated on the same basis as on
week days. * * *"
Machinist Ehman was used to fill the place of a regular assigned machinist
and as such will be compensated on the same basis as on week days.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: J. L. Mindling
Secretary
Dated at Chicago, Illinois, this 26th day of January, 1944.