BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT
HANDLERS, EXPRESS AND STATION EMPLOYES
GULF COAST LINES-INTERNATIONAL GREAT NORTHERN
RAILROAD COMPANY
DISPUTE.-"Claim of S. M. Martin, Line Desk Clerk at Overton, Texas, for compensation at the rate of time and one-half, on the actual minute basis, for all time in excess of eight ($) hours, exclusive of a meal period of not to exceed one (1) hour, from the time required to first report for duty to the time of final release, during the period February 13, 1936, to May 3, 1935, both dates inclusive."
FINDINGS.-The Third Division of the Adjustruent Board, upon the whole record and all the evidence, finds that:
The carrier and the employee involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act, as approved June 21, 19'34.
This division of the Adjustment Board has jurisdiction over the dispute involved herein.
The parties to said dispute were given due notice of hearing thereon.Prior to February 13, 1986, Mr. Martin was assigned q:00 A. M. to 3:110 P. M. with one hour for lunch. Effective February 13, and continuing to flay 4, lie was assigned to work from 0: 00 A. M. to 10:00 A. M., atnl from 2: 00 P. M. to 0:00 P. M.
Effective May 4, 1935, after complaint of Committee, the carrier changed the assignment of this position to eight consecutive hours exclusive of the meal period.
There is in evidence an agreement between the parties bearing effective date of December 1, 1920, and the complainant party cites tire following rules thereof in support of claim
"DAY'S WORK-RULE 45. Except as otherwise provided in this Article, eight (8) consecutive hours, exclusive of tire meal period, shall constitute a day's work."
"INTERMITTENT SERVICErRvrirs 40. Where service is intermittent, eight (8) hours' actual time oft duty within a spread of twelve (12) hours shall constitute a d.ty's work. Employees filling such positions shall be paid overtime for all time actually on duty or held for duty in excess of eight (8) hours front tire time required to report for duty to the time of release within twelve (12) consecutive hours, and also for all time In excess of twelve (12) consecutive hours, computed continuously front the time first. required to report until final rolease. Time shall be counted as continuous service in all cases where the interval of release from duty does not exceed one (1) hour.
"Exceptions to the foregoing paragraph shall be made for individual positions when agreed to between the management and duly accredited
"This rule stall not be construed as authorizing the working of split tricks where continuous service is required.
"Intermittent service is understood to mean service of a character where during the hours of assignment there is no work to be performed for periods of more than one (1) hours duration and service of the employes cannot otherwise be utilized.
Employees contend service on this position was not intermittent witilill the meaning of rule 46. Carrier contends service was intermittent and that rule 46 is applicable.
Evidence shows that the position was under the supervision of yardmaster and subject to instructions from both yardmaster and agent and that during period of release, such work as required immediate attention was taken care of by other employees and work not requiring immediate attention was held over until return of employee at 2: 00 p. m.
It is found that during period covered by tills claim, viz, February 13 to May 3, 1036, both dates inclusive, the work oil this position was not intermittent as contemplated by rate 46 and the assignuient was properly changed effective May 4, 1936.