Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11450
SECOND DIVISION Docket No. 11089
88-2-85-2-209
The Second Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
STATEMENT OF CLAIM:
1. That the Southern Pacific Transportation Company violated the
terms of Article V of the April 24, 1970 Agreement when the Carrier failed to
properly compensate Carman E. Williams, Sr. for services rendered on June 24_
1984.
2. That accordingly, the Southern Pacific Transportation Company be
ordered to compensate Carman E. Williams, Sr. in the amount of four (4) hour:;'
pay at pro rata rate.
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 employes 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 is employed as a Car Inspector by Carrier, at its Roseville,
California yard. On Thursday, June 21, 1984, Claimant began working in a new
assignment with a Monday-to-Friday workweek and rest days on Saturday and
Sunday; Claimant had been working an assignment with rest days on Monday and
Tuesday. Claimant then worked on June 23 and 24, 1984, his first and second
rest days. Carrier compensated Claimant for his work on these two dates at
the time and one-half rate. The Organization thereafter filed a claim on
Claimant's behalf, asserting that Claimant should have been compensated at the
double time rate for his work on June 24, 1984, his second rest day.
This Board has reviewed the evidence in this case, and we find that
the Organization has met its burden of proof and the claim must be sustained.
Form 1 Award No. 11450
Page 2 Docket No. 11089
88-2-85-2-209
If the Carrier's position were to be accepted, the Claimant could be
worked for eleven consecutive days without time off before becoming eligible
for a second rest day premium pay. This case is similar to Second Division
Award 6349, where we found that type of result to be "inconceivable." Work
performed at other assignments for the Carrier is not a stated exception to
the rule. The Claimant worked all of the hours of his assignments in that
workweek and was thereby eligible for premium pay.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J.
r~
- Executive Secretary
Dated at Chicago, Illinois, this 6th day of April 1988.