The Second Division consisted of the regular members and in addi
tion Referee Dudley E. Whiting when the award was rendered.
SYSTEM FEDERATION NO. 88, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. I. O. (Machinists)
DISPUTE: CLAIM OF EMPLOYES: (1) That under the current agreement, Machinist Helper H. L. Ramsey was improperly compensated at the straight time rate when changing shifts on December 27, 1954.
(2) That accordingly the Carrier be ordered to compensate Machinist Helper H. L. Ramsey additionally in the amount of four (4) hours pay at the straight time rate for December 27, 1954.
EMPLOYES' STATEMENT OF FACTS: Machinist Helper H. L. Ramsey, hereinafter referred to as the claimant, is employed by the carrier at its Joliet, Illinois roundhouse Monday through Friday from 8:00 A. M. to 4:30 P. M. On December 21, 1954 the claimant was assigned to work on the second shift from 4:00 P. M. to 12:00 Midnight to fill in for a machinist helper off on his annual earned vacation. The claimant returned to his assigned position on the 8:00 A. M. to 4:30 P. M. shift on December 27, 1954. The claimant was compensated at the time and one-half rate for the hours 4:00 P. M. to 12:00 Midnight on December 21, 1954.
The carrier has declined to adjust this dispute on a basis satisfactory to the employes.
POSITION OF EMPLOYES: It is submitted that when claimant changed back December 27, 1954 from working 4:00 P. M. to 12 Midnight shift to his regular shift, 8:00 A. M. to 4:30 P. M. in compliance with instructions from the carrier, he was entitled to be compensated for the change in accordance with the clear and unambiguous provisions of Rule 13, reading in part as follows:
The carrier wishes to call the Board's attention to the importance to this determination, not only on its own property, but on the property of every carrier in this country which is a party to the National Vacation Agreement of November 12, 1942. The practice of compensating vacation relief employes in accordance with the provisions of the Vacation Agreement is one which has been universally applied since December 17, 1941, the date of execution of that agreement. As was pointed out earlier in this submission, this interpretation was universally accepted by both the organizations and the railroads up until the time that Award No. 1806 was published.
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.
Disposition of this claim is governed by our Award No. 2440, Docket No. 1996.
We are constrained to dissent from the majority findings in the aboveenumerated awards for the reasons set forth in our dissents to Awards Nos. 2083, 2084, 2107, 2205, 2230, and 2243.
It is our considered opinion that Awards Nos. 1514, 1806, and 1807 of the Second Division should have been followed and the overtime rates embodied in the schedule agreements should have been applied.