The Second Division consisted of the regular members and in ad.
dition Referee J. Glenn Donaldson when the award was rendered.
SYSTEM FEDERATION NO. 122, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. (Cannen)
EMPLOYES' STATEMENT OF FACTS: Car Cleaners J. W. Ellis, W. Connors, T. Hawkins and S. James, hereinafter referred to as the claimants, are regularly assigned to the 8:00 A. M. to 4:30 P. M. shift at Memphis, Tennessee. After the claimants completed their regular tour of duty (8:00 A. M. to 4:30 P. M.) on May 5, they were called in at 8:00 P. M. on this same date and worked until 5:30 A. M., May 6, 1954, at which time the foreman released the claimants.
The agreement effective June 16, 1951, as subsequently amended, is controlling.
POSITION OF EMPLOYES: It is submitted that the carrier in the instant dispute violated the provisions of the current agreement, as they should have paid the claimants as follows:
In this ex parte submission the company has shown that it has properly interpreted the provisions of Rule 8 of the agreement. Further, the company has shown that Awards 1671 and 1867 support the company's position in the matter of interpreting and applying the provisions of Rule 8, a condition which clearly contemplates that only hours worked shall constitute the 16-hour period beyond which double time shall begin. Finally, the company has shown that Awards 1671 and 1867 support the company in this dispute in that they establish that the 16-hour provisions of the overtime rules relate to intermittent as well as, continuous service and that such inte retation is traditional. The organization's claim that the car cleaners involved in this dispute are entitled to double time beginning 12:00 Midnight, May 5, 1954, instead of at 4:00 A. M., May 6, is without merit and should be denied.
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.
Claimants, car cleaners, were regularly assigned and on May 5, 1954, worked the 8:00 A.M. to 4:30 P.M., shift. On the same date they were called back in service at 8:00 P. M. and worked until 5:30 A. M. the following day. The organization excepts to the company's method of computing compensation under the double time rule of the agreement, Rule 8, contending that time off between 4:30 P. M. and 8:00 P. M., on May 5, should have been included in the sixteen hour period necessary to bring the double time rate into operation. The company's position is that the sixteen hour period. relates only to working time.
This submission, while involving a different organization, raises the identical issue as that involved in Docket 1850, subject of Award 1974, decided this date. The opinion expressed there is controlling herein, hence is adopted by reference.