The Second Division consisted of the regular members and in
addition Referee Mortimer Stone when the award was rendered.
THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
-EASTERN LINES--
EMPLOYES' STATEMENT OF FACTS: Shop Extension Department Electrical Workers, L. S. Wettengel and R. Hess, hereinafter referred to as the claimants, are monthly rated employes, regularly employed by the carrier in the mechanical department in the shop extension electrical department, Eastern Lines, as construction and maintenance electricians, headquarters Wichita, Kansas.
On Saturday, September 26, 1953, the claimants were instructed to install and maintain wiring and equipment, to maintain air conditioning equipment Pullman Cars parked at Oklahoma City, Olahoma Yards, and used on the Notre Dame football special train. The claimants complied with these instructions and were required to work from 8:00 A. M. to 5:00 P. M. and from 6:00 P. M. to 8:00 P. M. on a Saturday, September 26, 1953, which is the sixth day of the claimants' work week. The carrier compensated these claimants an additional amount of pay, four (4) hours, which was not the full amount of pay due for this eleven (11) hours of time worked.
The agreement dated August 1, 1945, as amended January 22, 1946, and September 1, 1949, is controlling.
allowed for any time worked in excess of eight hours per day." The carrier has already pointed out that on this date the regular meal period was taken between 12 :00 noon and 1:00 P. M. and that both Hess and Wettengel reported and were allowed $1.10 for the noon meal. The carrier has also already pointed out that Hess and Wettengel were allowed four (4) hours compensation each, for this Saturday, in addition to pay for that day included in their monthly salaries.
The carrier petitions the Board to decline the claim on the basis that the work required of Lead Electrician Hess and Electrician Helper Wettengel was of the same nature as that required of employes of this classification to perform on Sunday, prior to September 1, 1949, and that under the supplemental agreement of May 13, 1949, paragraph (i), Rule 14, the carrier has the right to have such work performed on Saturday, subsequent to September 1, 1949, allowing therefor punitive compensation of not to exceed four (4) hours pay, in addition to pay for the day included in monthly salary.
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.
Thirteen Pullman cars were brought into Oklahoma City by special trains on Friday and Saturday morning to transport fans attending a football game, and laid over there until the train left Saturday evening. The cars were parked near the depot and electrical connections made for standby service including air conditioning necessary because of the temperature. All preparatory work possible had been done in advance except necessary connection service after arrival and standby service and disconnection service before departure. This was performed on Saturday by claimant electrical workers who were paid additional compensation for four hours under Rule 14 (b).
Claimants are monthly rated employes and it is claimed by employes that payment should have been for the full time worked for the reason that it was work not properly required of them on Saturday under Rule 14 (i) of agreement efective September 1, 1949, reading:
Employes admit that the work was necessary but assert there was no emergency and therefore it was "maintenance and construction work not theretofore required on Sunday." We think the requisite for Sunday work before the Forty Hour Week rule was not emergency but urgency; not whether it had been foreseen but whether it could well be prevented.
The work here involved was not ordinary, but extraordinary, in that it was very seldom required and of necessity had to be performed on Saturday. Practice on the property is shown to support our conclusion that the work was properly required on Saturday.
Employes rely on Award 1704 of this Division where in somewhat similar situation the Award says: "The question is, was the work here of emergency 1944-s