Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6929
SECOND DIVISION Docket No. 6745
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
( System Federation No.
109,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
Dispute: Claim of Employes:
1. That the Reading Company improperly compensated Crane Operator
J. E. Towles for service performed after his regular working
hours as a Laborer on January 18 and
19, 1973.
2. That, accordingly, the Reading Company be ordered to renumerate
Crane Operator J. E. Towles the difference between the amount
of wages paid and the amount due him under the provisions of
Rule 7, 127, and 128.
C;
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.
Claimant maintains dual employment with Carrier. He has rights as
a Crane Operator (in furloughed status), and as a Laborer
in
active status
with a regular 11:00 p.m. to
7:00
a.m. assignment. On the claim dates in
question Claimant worked three hours as a Crane Operator in addition to
his regular assignment as a Laborer. For the work performed as a Crane
Operator, Claimant was paid at the pro rata rate. The Organization contends
that this was continuous service and should have been paid time and onehalf.
Rule 7(a) provides:
"For continuous service after regular working hours, employes
will be paid time and one-half on the actual minute basis with
'`~-~ a minimum of one (1) hour for any such service performed."
_ Form 1 Award No. 6929
Page 2 Docket No.
6745
2-RDG-EW-'75
The question presented is whether the language quoted above is
intended to cover only continuous service within one craft, or does it
include continuous service in more than one craft.
Carrier takes the position that the seniority rule (Rule 31) supports
its contention that Rule 7(a) contemplated continuous service only within
one craft.
Rule 31 reads, in part:
"Seniority of employes in each craft shall be confined to
the seniority point employed in each of the following
departments :,"
Carrier argues that since an employe's seniority is restricted to the
craft, Rule 7 must relate to the payment of overtime within a craft.
The Board agrees with Carrier.
In Second Division Award No. 2121, the Board held:
"-The agreement rights of employes are segregated into
crafts and classes and the status under one craft or class
cannot be given any effect upon his status in another.
XXX
If
Claimant had worked as a car repairman on his first shift and
been called as an extra car repairman on one of the two
remaining shifts, overtime pay would be earned on the second
shift worked. The same would be true if Claimant worked two
shifts as a laborer. But when he works one shift in one class
and a second shift in another class under a different seniority-
roster, he cannot use his work in the former to augment his
rate of pay in the latter in the absence of a specific agreement
rovislon to that effect. A denial award is required.'
Underscoring added
See also Third Division Award Nos. 3674 and 5629.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
Rosemarie rasc Administrative AssisttLnt
Dated at Chicago, Illinois, this 2nd day of September, 1975.