(Advance copy. The usual printed
copies will be
sent later.)
.orm 1 NATIONAL RAILROAD ADJUSTMENT HOARD Award No.
6376
SECOND DIVISION Docket No. 6223
2-B&O-CM-'72
The Second Division consisted of the regular members and in
addition Referee Irving T. Bergman when award was rendered.
( System Federation No.
app
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties _to hisgutilL. ( (Cannen)
( The Baltimore and Ohio Railroad Company
i
I1ispute: Claim of 1~mployes_
(1) The Baltimore & Ohio Railroad Company, hereafter referred to as the
Carrier, refuses to pay the double time rate of pay for services
rendered by Carman if. E. Skelly, hereafter referred to as the
claimant, on his second rest day, August 4p 1970.
(2) That the Carrier be required to pay the double time rate of pay For j
services rendered on August 4, 1970, to the claimant less compensa
tion received for that date.
i
"indings
The Second Division of the Adjustment Hoard, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes'invnlved
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.
Claimant was assigned five consecutive days of work followed by two
consecutive rest days. At the end of his fifth day's assigned work shift,
11 P.M. Sunday through 7 A.M. Monday, he was picked from the overtime call board
to continue to work on Monday until 3 P.M. On Tuesday, claimant was again nicked
from the overtime call board to work from 7 A.M. through 3 P.M. He contends that
the first
overtime
assignment was on his first rest day payable at time and one half
his regular rate, the second overtime assignment was on his second rest day payable
at double time under Article V of Agreement of April 2112 1970.
Carrier contends that the work day, also known as a "time card clay", is
the twenty four hour period from the time claimant started his shift at 11 P.1!.
E
~unday until. his first rest day started at 11 F.M. on rlonday. It is argued that
he first overtime was paid for as regular work day overtime under Rule <-, (a)
I
i
Form. I Award No.
6376
Page 2 Docket No.
62^---C
of the Agreement and that the second overtime on Tuesday was paid for as work on
the
first
rest day,
under
Article V of the April 24, 1970 Agreement.
This Board has just denied a claim on the same facts in Award No.
6375.
The xeasoping is get firth at lex0h in that Award and does not need wo be
repeated here.
The Organization has stressed the use of the word-. "assignment" by the
carrier in .rejecting the claim on the property and contends that the carrier
may not now argue the "tithe card day" theory because of Circular No. 1 of the
National Railroad Adjustment Board. Upon reading Employes' Exhibits A-1. through
A-6, it does not appear that the correspondence would exclude the carrier's
argument which appears
irk
the carrier's submission in the Record p.1-7.
The twenty four hour work day or "time card day" rule has been so well
established that is is
not
necessary to make
any
other
finding on the
facts of
this case.
A 41 A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second.
Division
Attest:
"'~ ' ·'~~
Executive Secretary
Dated at Chicago, Illinois,
this 28th
day of September,, 1972.