NATIONAL RAILROAD ADJUSTMENT BOARD
The Second Division consisted of the regular members and in
addition Referee Howard A. Johnson when award was rendered.
PARTIES TO DISPUTE
SYSTEM FEDERATION NO. 99, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. I. O. (Carmen)
GREAT NORTHERN RAILWAY COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That under the current agreement the Spokane Carmen named
below were denied proper payment when they were directed to change
shifts as set out below.
Changing from 1st to 2nd Changing from 1st to 3rd
shift, May 26, 1958 shift, May 26, 1958
A. Brucker H. Davey L. Marleau R. Eacret
R. Ness J. Weltz J. Benson D. Miller
H. Burger J. Barbour C. Miller A. Hutchinson
C. Burrell A. Bertholf
Changing from 1st to 2nd Changing from 1st to 3rd
shift, May 27, 1958 shift, May 27, 1958
P. Berthiaume W. Putman A. Kelling
J. Herman M. Schultz
0. Richaxds
Changing from 1st to 2nd
shift, May 28, 1958
R. Reynolds
J. Trent
2. That accordingly the Carrier be ordered to additionally compensate the aforesaid employes each in the amount of four (4) hours
pay ($9.70).
EMPLOYES' STATEMENT OF FACTS: On May 22, 1958, a reduction of
force notice was posted, furloughing 74 carmen and others effective May 25,
1958.
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claimants; that there was no change of shift by claimants as contemplated
within the meaning of Rule 18 (a) ; that similar claims which were the subject matter of Second Division Awards 1276, 1816, 2067 and 2103 were denied;
your Board must deny the claim of the employes in this case.
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.
Parties to said dispute waived right of appearance at hearing thereon.
Rule 18(a) provides as follows:
"Employes transferred from one shift to another at the direction
of Management will be paid overtime rate for the first shift worked
on the shift to which transferred and if he works more than one shift
on the shift to which transferred shall be paid at overtime rate for
the first shift worked after returning to his regular assignment.
:x * x
m
The provision thus relates to an employe's temporary transfer from "his
regular assignment," and not to his move from one assignment to another, as
pointed out by the Division in Awards 2067 and 2103.
Awards 237, 1299 and 1816, which are cited in support of this claim,
involve rules on the Illinois Central, Texas and Pacific, and Toledo Terminal
railroads which differ materially from 18(a).
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Harry J. Sassaman
Executive Secretary
Dated at Chicago, Illinois, this 2nd day of November, 1961.
DISSENT OF LABOR MEMBERS TO AWARD No. 3846
There
is no basis in the agreement for the finding of the majority that
Rule 18(a) "relates to an employe's temporary transfer from `his regular
assignment,' and not to his move from one assignment to another." Rule 18(a)
prescribes that "Employes transferred from one shift to another at the direction of Management will be paid overtime rate for the first shift worked on
the shift to which transferred and if he works more than one shift on the
shift to which transferred shall be paid at overtime rate for the first shift
worked after returning to his regular assignment . . ." It will be noted that
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the word "temporary" is not used in this rule and the majority has exceeded
its authority in making a finding for which there is no basis in the agreement. The claimants were transferred within the terms of Rule 18(3) and
should have been compensated in accordance with said rule as claimed.
Edward W. Wiesner
C. E. Bagwell
T. E. Losey
E. J. McDermott
James B. Zink