The Second Division consisted of the regular members and in
addi-ion Referee Francis B. Murphy when award was rendered.
SYSTEM FEDERATION NO. 13
RAILWAY EMPLOYES' DEPARTMENT'
A.F. OF L-C. I. O.-ELECTRICAL WORKERS
and
WABASH RAILROAD COMPANY
EMPLOYES' STATE31ENT OF FACTS: Demont Arnold, hereinafter referred to as the claimant, is employed as a system installer in,the Communications Department of the Wabash Railroad Company, hereinafter referred to as the carrier. The claimant has an assigned headquarters at Decatur, Illinois, and is compensated on a monthly basis. He is assigned to work Monday through Friday, with Saturday as a stand-by or subject to call day and Sunday as an assigned rest day.
On Saturday, October 26, 1957, the claimant was required to perform ordinary construction work at Chicago, Illinois. The carrier has refused to additionally compensate the claimant for the performance of ordinary construction work on the sixth day of his assigned work week.
The dispute was handled with carrier officials designated to handle such affairs, who all declined to adjust the matter.
The agreement effective October 1, 1940, as subsequently amended, is controlling.
POSITION OF EMPLOYES: It is submitted that the claimant was required to perform construction work at Chicago, Illinois on Saturday, October 26,
Sunday, his assigned rest day), to this Division for decision in an attempt to gain a rule providing for such allowance through the medium of an award, regardless of the fact that the work performed on the Saturday claim date was work of a type which would have been performed on Sundays prior to March 19, 1949.
As the National Railroad Adjustment Board, Second Division, is without jurisdiction to promulgate or grant rules, the contentions of the committee should be dismissed and the claims 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.
We find the facts and evidence in this case similar to those existing in Award 3445 and in our opinion a denial of this claim is required.
It has been clearly established that prior to September 1, 1949 Rule 2, Paragraph (a) and (b) of the agreement effective October 1, 1940 provided that linemen required to work on Sandays or any of the holidays designated in Rule 3 will be paid an additional four (4) hours at pro-rata hourly basic rate for such day or days. Decision No. 33 of the Forty Hour Week Committee provided:
The majority has ignored the intent of the controlling agreement rules and we must dissent from the erroneous conclusion and award of the majority.