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. (Carmen)
EMPLOYES' STATEMENT OF FACTS: Upholsterers G. Graft, F. Habisreitinger and A. Dwyer, hereinafter referred to as the claimants, are regularly assigned to the 8:30 A.M. to 5:00 P.M. Shift at New Orleans, Louisiana. After the claimants completed their regular tour of duty 8:30 A. M. to 5:00 P. M. on May 20, 1954, they were called in at 7:00 P. M. until 3 -00 A. M. the following day, or May 21, 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:
Under OPINION OF BOARD in Award 1867, the Board held the company's position that the employe involved was entitled to double time beginning at 6:00 P. M., July 10, 1953 (after 16 hours of work performed, not clock hours as claimed by the organization), 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-bour provisions of the overtime rules relate to intermittent as well as continuous service and that such interpretation is traditional. The organization's claim that the upholsterers involved in this dispute are entitled to double time beginning 12:30 A. M., May 21, 1954, 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, members of the Carmen's Organization, were regularly assigned and worked the 8:30 A.M. to 5:00 P.M., shift on May 20, 1954. They were then called back at 7:00 P. M. the same date and worked until 3:00 A. M. the next morning. 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 5:00 P. M. and 7:00 P. M., should have been included in the sixteen hour period necessary to bring the double time rule into operation. The company's position is that the sixteen hour period relates only to working time.
This submission raises the identical issue as that presented in Docket 1850, subject of Award 1974, decided this date. The opinion expressed there is controlling here, hence is adopted by reference.