NATIONAL RAILROAD ADJUSTMENT BOARD
Third Division
"Request of employees that truckers, breakouts, stevedores and coopers, hereinafter referred to as freight handlers, at the Houston freight station be assigned eight (8) hours within a spread of not to exceed nine (9) Lours, and that. they be paid at the rate of time and one-half on the actual minute basis for all time in excess of eight (8) hours, exclusive of a local period of not to exceed one (1) hour, from the time first required to report for duty until the time of final release."
STATEMENT OF FACTS.-The regular force at Houston freight house consists of about fifteen (15) men divided into three gangs. One gang works from 8: 30 a. m. to 12: 30 p. m. and from 2: 30 p. m. to 6: 30 p. m. The other two gangs work from 9: 30 a. m. to 6: 30 p. m. with a meal period of one hour.
An agreement bearing effective date of December 1, 7926, is in evidence, and the following rule thereof is cited:
"Exceptions to the foregoing paragraph shall be made for individual positions when agreed to between the management and duly acere(lited representatives of the employees. For such excepted positions the foregoing paragraph shall not apply.
"This rule shall 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 (I ) hour's duration and service of the employees cannot otherwise be utilized.
"Employees covered by this rule will be paid not less than eight (8) hours within a spread of twelve (12) consecutive hours."
POSITION OF EIIPLOYES.-Employes contend that it is not proper to work this one gang in question me an intermittent service basis under Rule 46, and that an agreement reached with the carrier on October 15, 1935 permitting such practice at Houston freight house was cancelled as of January 10, 1936.
POSITION OF CARRIER.-Carrier contends that they had so worked this gang over a period of time and that even though the employes had served notice
of cancellation of the temporary agreement, there was a verbal understanding at time of negotiation of the original agreement that such practc:c was permissible at Houston freight house.
OPINION ON BOARD.-The question before the Board is whether it is permissible under Rule 46 to work one of the three gangs from 8:3u :1. .17. to 12:30 P. M. and frmn 2:30 to 6:30 P. M., while other gangs are performing this work through the period of intermission, or if this gang should be worked eight tours within a spread of not to exceed little hours. The evidence sustains tlcc position of tire ecnployes that this particular assigumcut is not ,permissible Under Rule 96, and likewiSe that the supplemental agreenent Perruittiug .such assignment was properly cancelled. The evidence is conflicting, however, us to facts in connection with the carrier's contention relative to Understanding had at time the original agreement was negotiated.
FINDINGS.-The Third Division of tire Adjustment Board, after giving the parttcs to this dispute due notice of hearing thereon, and upon the whole recnrd .and all tire evidence, finds and holds:
That the carrier and the employer involved in this dispute are respectively earrier and employes within the meaning of file Railway Labor Act, :Ls approved June 21, 1934;
That this Division of the Adjustment Board has jarisdiction over the dispute involved herein; and
That: the evidence, under facts relating to this dispute, supports the contention of the employees that the assignment, 8:30 A. M. to 12:30 P. DL, Dud from 2:.30 to 6:30 P. M. is improper; but in view of the conflicting statements, as indhnted in the opinion lmreirr, change should be made effective with date of this award.
Clahn sustained oil the assignment in question effective with the date of this award.