Award No. 1234
Docket No. MC-1186-56
2-Lake Ter.-USofA-'48
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee George A. Cook when award was rendered.
PARTIES TO DISPUTE:
LOCAL UNION 2186, UNITED STEELWORKERS OF
AMERICA, C. I. O.
THE LAKE TERMINAL RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES: The employes are protesting change
of shift of car inspector assigned to relief job, as a violation of Article 3,
Section 4 of our agreement.
Article 3, Section 4, reads as follows:
"Employes changed from one shift to another will be paid overtime rates for the first shift of each change. Employes working two
(2) or more shifts on a new shift shall be considered transferred.
This will not apply when shifts are exchanged at the request of employes involved."
EMPLOYES'
STATEMENT OF FACTS:
On January 8, 1947, the following
was placed on the bulletin board:
Relief Car Inspector.
Bid No. 56 7:00 a. m. to 3:00 p. m. East Yard District-Sunday
7:00 a. m. to 3:00 p. m. Middle Yard District-Monday
3:00 p. m. to 11 p. m. East Yard District-Tuesday
3:00 p. m. to 11 p. m. Middle Yard District Wednesday
11:00 p. m. to 7:00 a. m. East Yard District-Thursday
11:00 p. m. to 7:00 a. m. Middle Yard District Friday
Day off Saturday
All bids (in writing) must be in this office by Tuesday, January
14, 1947, at 3:00 p. m.
J. W. Messner
Foreman
January 8th, 1947
The above is submitted and described as Exhibit A.
On January 20, 1947, a grievance, designated by the number C-12, was
filed by employes Ray Kennedy and W. O. Carnahan.
The above is submitted as Exhibit B.
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For the reasons herein outlined, the carrier submits that the claim should
be denied.
FINDINGS: The Second Division of the Adjustment Board, upon thq
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.
The agreement provides that Sunday work of regularly assigned car
inspectors is exempt from penalty payments when they have a relief day
off in lieu of Sunday.
A relief car inspector's job was bulletined January 8, 1947, for a
six-day week (Saturday off) with three different starting times of shifts
(Sunday, Tuesday and Thursday).
The ageement also provides for posting vacancies, promotions and new
positions and for not permanently filling until opportunity given all employes to exercise their seniority rights.
The agreement makes no provisions for relief jobs, but the establishment of such are not here in dispute.
Relief car inspector was assigned to the job under the January 8th
bulletin.
It is clear that the change of shift on the three days of the week mentioned were of the employes' choice when they bid in the relief job and, therefore, they would not be entitled to overtime for changing shifts on the relief
assignment. There is nothing in the agreement to justify a greater payment to relief men than that allowed regular employes.
AWARD
Claim denied in accordance with findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: J. L. M9ndling
Secretary
Dated at Chicago, Illinois, this 16th day of January, 1948.