Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11549
SECOND DIVISION Docket No. 11236
88-2-86-2-82
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
PARTIES TO DISPUTE:
(Birmingham Southern Railroad Company
STATEMENT OF CLAIM:
1. That the Birmingham-Southern Railroad Company, hereinafter referred to as the Carrier, violated the Agreement when they arbitrarily and unilaterally changed the rest days of the assignment held by R. D. Gentry, hereinafter referred to as the Claimant, and thereby required him to work his
first and second scheduled rest days and compensated him at straight time rate.
2. And accordingly, the Carrier should be ordered to additionally
compensate Claimant for eight (8) hours at one-half time on his first rest
day and eight (8) hours at straight time on his second rest day, or a total of
twelve (12) hours at straight time rate, as the result of said violation.
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.
The record developed on the property with respect to this Claim
reveals that, on May 30, 1985, the Claimant was told that his off days would
be changed from Monday and Tuesday to Wednesday and Thursday. The practical
effect of this change was that the Claimant worked seven straight days at the
straight time rate. He seeks twelve (12) hours additional pay citing Article
6 to support his Claim.
The Carrier for its part asserts that Article 1(i) permits it to
change rest days as was done in the instant case.
Form 1 Award No. 11549
Page 2 Docket No. 11236
88-2-86-2-82
The Board, based on the record developed on the property, agrees with
the Carrier. Article 6, which had been relied upon by the Claimant on the
property, does not lend support to his position. The record shows that the
Claimant agreed that he did not change assignments. Under Article 1(1),
relied upon by the Carrier, it may change a regularly assigned rest day after
at least a seventy-two (72) hour advance notice. We find such a situation
here. However, the Board also notes that this holding does not give a license
to the indiscriminate changing of rest days.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
011
Attest.
Nancy J. 20rr - Executive Secretary
Dated at Chicago, Illinois, this 31st day of August 1988.