Award Number 7 Docket Number TE-13

NATIONAL RAILROAD ADJUSTMENT BOARD

Third Division

THE ORDER OF RAILROAD TELEGRAPHERS

MISSOURI PACIFIC LINES IN TEXAS AND LOUISIANA

DISPUTE.-The dispute involves the question of what constitutes a Sunday assignment on positions with particular reference to the guarantee rule XV-b.

FINDINQS~The Third division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier and the employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June :.'1, 1934.

This division of the Adjustment Board has jurisdiction over the dispute involved herein.

A night telegraph position at Port Barre was established in February 1934, with assigned hours 11:00 P. M. to 7:00 A. 111. On the night of Saturday, February 17, 1934, extra telegrapher R. 1'. Lemon worked the position beginning at 11:00 P. bl. and concluding at 7: 00 A. M. on Sunday, the following day, and made claim for eight hours at pro rain rate for the seven hours' service he performed on Sunday from 12:00 midnight to 7:00 A. 11.

The night telegraph position at port Barre, when established, was assigned hours 11:00 P. \l. to 7:00 A, 11. ml Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday nights. The position was closed on Sunday nights. Seven hours of the service of the tour of duty beginning at 11:00 P. M. on Saturday night was performed during Sunday, the following day.

The assignment bereinabove described eras made under the provisions of agreement between the parties, more specifically Article VIII Section (e) as follows:

"Regular assignments shall have a regular fixed starting time and the regular shirting time shall not be changed without at least thirty-six (36) hours' notice to the employe affected.

"Where three (3) consecutive shifts are worked covering the twentyfour (24) hour period, no shift shall have starting time after twelve (12) o'clock midnight and before six (6) A. 241.

"Where three (3) continuous shifts are employed, assignment will be for eight (8) consecutive hours with no allowance for meal. Starting time of the first shift will be between the hours of 6:00 A. M. and 8:00 A. M. At stations where but one shift is employed, the regular starting time shall be between 6:30 and 9:00 A. M. or 1'. M. At two-shift offices, the hours of tile Agent-telegrapher shall close not later than seven (7:00) P. M."

Claim of employees is presented under Rule XV (b) of said agreement, to wit:

"For each week day, exclusive of Sundays and Holidays, regular employees shall receive not less than eight (8) hours' pay at regular straight hourly rate applicable to the position to which they are regularly assigned." and in support of claim, employees cite and rely upon a certain decision by tile "Telegraphers' Board of Adjustment-N. Y., N. H. & H. It. R. System", reading:

" Shifts starting 11 P. M. or later, Saturday night. (10 P. yl. during daylight saving) will be considered as Sunday assigncienta insofar as Article 4 is croncerned."

The Decision next above quoted has no application to agreement between the parties to this dispute.

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