"Claim of the General Committee of the Order of Railroad Telegraphers on the Boston and Maine Railroad that the Management of the Boston and Maine have no right to work C. F. Hanlon, second-trick operator at Williamstown, Mass., eight consecutive hours on week days, and force him to work eight hours in nine on Sundays without payment of overtime for the ninth hour.
STATEMENT OF FACTS.-At Williamstown, Mass., previous to April 26, 1936, the following hours were worked:
POSITION OF EMPLOYES.-The employes contend that two shifts are worked at Williamstown each Sunday and Interpretation No. 1 to Decision No. 757 Railroad Labor Board states a shift is a tour of duty constituting a day's work. Two hours service on tile first trick constitutes a day's work for that employs on Sundays. Rule 3 (a) of the Telegraphers' Agreement dated March 18, 1927 reads as follows:
"Except as specified in Rule 6, eight consecutive hours, exclusive of the meal hour, shall constitute a day's work, except where two or more shifts are worked eight consecutive hours, with no allowance for meals, shall constitute a day's work."
The employes contend that the first part of Rule 3 (a) applies to one man positions or to stations where there is only one telegrapher. The last part of Rule 3 (a) employes contend applies to where two cinployes of she same class are worked and whatever hours are assigned to them by proper authority constitutes their day's work and they are paid accordingly for it. Prior to April 26, 1936, the employes contend that the omploycr recognized two shifts but thereafter claimed only one shift being worked oil Sunday.
POSITION OF CARRIER.-The carrier contends that only one shift IS worked on Sunday and therefore that it is proper for an employs to work eight hours out of nine hours under Rule 8 with sixty minutes for meal.
"Where hat one shift is worked employes will be allowed sixty consecutive minutes between 11:30 and 1:30 * * * for meal."
Note Rule 3 (a) provides definition of phrase, "two or more shifts" is understood to be that shown in Interpretation No. 1 to Decision 757 Railroad Labor Board. Interpretation No. 1 to Decision No. 757 reads:
"Q. What is the intent of the phrase 'two or more shifts' as used in Rule 2Y
"A. A shift is a tour of duty constituting a day's work for one or more employes performing the scone class of work covered by the Telegraphers` Schedule at the same station who begin and quit work at the same time."
As a shift is a tour of duty constituting a day's work and as Rule 3 (a) quoted above provides eight hours shall constitute a day's work the carrier contends that only the second trick clerk operator works a shift on Sunday.
OPINION OP BOARD.-Under Rule 3 (a) and Rule 8 of the Agreement, provision is made for assignment of a meal hour only at the offices where but one shift is worked during the twenty-four hour period by employes performing the same class of work. At Williamstown, Mass., there were regularly assigned two shifts of cleric-operator, first shift being regularly assigned 5:45 a. m. to 1:45 p. m. weekdays, 0:50 a. m. to 8:'50 a. m. Sundays, second shift being regularly assigned at 12:15 p. m. to 8:15 p. m. weekdays, 11:30 a. m. to 8:30 p. m. Sundays. Under provisions of Rule 10 carrier is permitted to work an employe on his regularly assigned shift on Sundays a less number of hours that it may on weekdays. Under this rule the carrier regularly assigned the first trick clerk operator to perform service on his regularly assigned shift for two hours on each and every Sunday. Under the circumstances, the same class of work being regularly performed on first and second shifts, including Sundays, the carrier was not within its right in assigning a meal hour on Sundays to the second trick cleric-operator.
FINDINGS. The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon and upon the whole record and all the evidence, finds and holds:
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 21, 7.934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein, and
That the action of tire carrier in assigning a meal hour on Sundays to the second shift clerk and operator, Williamstown, Mass., contravenes the terms of the prevailing agreement.