The Second Division consisted of the regular members and in
addition Referee Howard A. Johnson when award was rendered.
SYSTEM FEDERATION NO. 101, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. - C. I. O. (Carmen)
EMPLOYES' STATEMENT OF FACTS: The Great Northern Railway Co., hereinafter referred to as the carrier maintains at its Hillyard Shop, Spokane, Washington a wrecking outfit and regularly assigned wrecking crew made up of carmen regularly employed at Hillyard Shop.
Carman Harry Burger is regularly assigned as a carman on the Hillyard Rip Track 7:00 A. M. to 3:30 P. M. Monday through Friday rest days Saturday and Sunday. In addition thereto, Carman Burger is regularly assigned to the wrecking crew as a cook.
Carman Ellis Wright, hereinafter referred to as the claimant is regularly assigned on the Hillyard Rip Track as a Carman 7:00 A. M. to 3:30 P. M., Monday through Friday, rest days Saturday and Sunday. In addition thereto, Claimant Wright is regularly assigned relief cook on the wrecking crew.
Carman Harry Burger, the regularly assigned wrecking crew cook was assigned and took his annual vacation commencing Monday, July 27 through
THE CLAIM OF THE ORGANIZATION, THEREFORE,
IS WITHOUT MERIT FOR THE FOLLOWING REASONS:
1. The assignment of Carman Harry Burger to wrecking service at Elk, Washington, on August 10, 1959 was not a violation of Memo No. 33, since that document applies only to ordinary overtime. As evidenced by Awards 2039 and 2554 of this Board, the organization has always insisted that wrecking service was not ordinary overtime.
2. Even if wrecking service is included within Memo No. 33, Carman Burger was eligible for such service after 12:01 A. M. on August 10, 1959, because that was part of his first regular workday after his vacation.
For the foregoing reasons, the carrier respectfully requests that the claims of the employes 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.
Carman Burger is regularly assigned at Hillyard as a carman on the first shift, 7:00 A. M. to 3:30 P. M., Monday through Friday. He is also regularly assigned as a cook for the wrecking crew, which under Rule 22(b) is paid (except for rest periods) at time and one-half for all time working, waiting or traveling, and not at straight time for regular shift hours and time and one-half for other or "overtime" hours.
On Monday, August 10, 1959, he was called out on his regular wrecking assignment at 3:30 A. M. Because his vacation had expired on the preceding Friday, and his next regular carman's shift would not begin until Monday morning at 7:00, the claim is that he was improperly called for overtime work, not having given prior notice under Memorandum of Agreement No. 33, that 4117-i0 465
be would be available for overtime service during the two days immediately following his vacation.
Burger was called out for regularly assigned wrecking service, not for overtime service, to which Memorandum of Agreement No. 33 relates. It is therefore unnecessary to decide whether his work performed before 7:00 A. M. on Monday is to be considered as performed on Sunday, the second day after his vacation.
Carman Burger, the regularly assigned wrecking crew cook, was properly called and served on his regular assignment, and claimant Wright, the regularly assigned relief cook, was not entitled to be called.