RAILWAY EMPLOYES' DEPARTMENT, A. F. OF L.
(CARMEN)
DISPUTE: CLAIM OF EMPLOYES: That the carrier violated the controlling agreement and Rule 3, thereof, when Carman 0. S. Anderson was only paid straight time for having worked 8 hours overtime, from 11 P. M., August 12, to 7 A. M., August 13, 1943.
`That the carrier be ordered to pay Carman 0. S. Anderson four additional hours at the pro rata rate for the services which he performed beginning at 11 P. M., August 12, 1943.
EMPLOYES' STATEMENT OF FACTS: On August 12, 1943, 0. S. Anderson was called to fill the vacancy of L. S. Leonard who was ill and could not work. 0. S. Andersons' regular starting time is 7:30 A. M. and he worked eight hours. He was then called to fill the vacancy of L. S. Leonard from 11 P. M. to 7 A. M., August 12, 1943, completing an eight-hour shift ending at 7 A. M. August 13, 1943.
POSITION OF EMPLOYES: 0. S. Anderson should have been paid time and one-half' from 11 P. M., August 12, 1943, to 7 A. M. August 13, 1943.
The current agreement effective March 24, 1943, contains the following rules
Mr. Anderson is regularly employed as car repairer at a rate of ,86¢ per hour. On August 11, his time slip shows that he protected his own job from 7:30 A. M. until 4:00 P. M., at his regular rate of 86'¢ per hour. After he finished his work at 4:00 P. M. on August 11, and before 11:00 P. M., August 11, it was found that an inspector on the third shift, Mr. L. S. Leonard, could not protect his job, and Mr. Anderson was requested to work as inspector, in the place of L. S. Leonard, beginning at 11:00 P. M. on August 11, which he did. He also filled Mr. Leonard's regular job between the hours of 11:00 P. M. and 7:00 A. M., August 12, working as car inspector at a rate of 88¢ per hour. Mr. Anderson did not report for his regular work at 7:30 A. M. on August 12. He came out on the night of August 12, at 11:00 P. M. as relief inspector, at which he worked until 7:00 A. M., August 13. For this work he was paid 88¢ per hour, the inspector's rate. At 7:30 A. M., Mr. Anderson went back on his regular assigned job as car repairer. The alleged claim involves time and one-half pay for the eight hours which he worked as emergency inspector immediately previous to 7:30 A. M., August 13.
It has been the policy of the Interstate Railroad Company to permit its employes to be absent when necessary, whether for sickness, or otherwise, and it has been our contention that when an employe relieves another employe, and thus enables us to readily permit the man to be absent, time and one-half pay is not involved under any rule of our agreement. There has never been any question about paying time and one-half for continuous work performed by any one of our employes when working his own job.
We have only one shop, and it is located at Andover, where both Mr. Anderson and Mr. Leonard work. Rule 7, and not Rule 3, applies at Andover shop.
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. 988-4 277
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
The evidence of record shows that Carman 0. S. Anderson had worked his regular assignment, 7:30 A. M. to 4 P. M., on August 12, 1943, and was called on the same date to fill the regular eight hour assignment of another employe commencing at 11 P. M.
The provisions of Rule 3 contemplate that work performed in such circumstances and in excess of regular assigned hours shall be paid on overtime basis.