Award No. 2574
Docket No. 2266
2-WAB-CM-'57
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee Dudley E. Whiting when the award was rendered.
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 13, RAILWAY EMPLOYES'
DEPARTMENT, AFL (Carmen)
WABASH RAILROAD COMPANY
DISPUTE:
CLAIM OF EMPLOYES:
1. That under the current agreement Carman A. J. Hutton
was improperly compensated for seven and one-half (71/2) hours on
April 11, 1955 when the carrier refused to allow him his regular
assigned rate of pay while filling the place of another employe.
2. That accordingly the carrier be ordered to compensate the
aforementioned carman for the difference in pay between his assigned
rate and the rate of the employes' whose position he filled.
EMPLOYES, STATEMENT OF FACTS: Carman A. J. Hutton, hereinafter referred to as the claimant, is assigned to a position at the Decatur
Car Shop to repair and clean triple valves and operate triple valve test rack
and perform other carman's work, with an accompanying hourly rate of
$2.033, Monday through Friday, 7:00 A.M. to 3:30 P.M.
Car Inspector B. L. Scott, assigned to work 3:00 P.M. to 11:00 P.M.,
with an hourly rate of $1.989, reported off on April 11, 1955. Claimant was
called from overtime board to fill the position and paid overtime rates on
basis of $1.989 for 71/2 hours.
The claim has been handled with carrier officials, all of whom have declined to adjust the dispute.
The agreement effective June 1, 1939 as subsequently amended is controlling.
[191]
2574-18
208
April 11, 1955. The contentions of the committee should be dismissed and
the claim 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.
The parties to said dispute were given due notice of hearing thereon.
Disposition of this claim is governed by our Award No. 2573 (Docket
2244).
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Harry J. Sassaman
Executive Secretary
Dated at Chicago, Illinois, this 19th day of July, 1957.