Award Number 462 Docket Number CL-488

NATIONAL RAILROAD ADJUSTMENT BOARD

Third Division

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

MIDLAND VALLEY RAILROAD COMPANY

"Claim of D. O. Mikels, yard cleric, Muskogee, Oklahoma, for a minimum of eight (8) hours' pity, six days per week. except in a week in which holidays occur, effective April 22, 1935, and for each olbsetpient date on which he has been compensated less than a full eight (8) hours per day and six (6) days per week."

,STATEMENT OF FACTS.-Tlds case is resubmitted to the Board under Paragraph (b), Award 272, Docket Cf,276. The facts are related in Award 272, and need no repenting here.

At the oral hearing before the Board, May 12, 1937, the petitioner stipulated that the claim herein ran only for the period May 22, 1935, to September 10, 1935, both dates inclusive.

OPINION OF BOARD.-The evidence shows that during the period involved Mr. Mikels was not regularly assigned. On numerous occasions during said period he was used to relieve regularly assigned employees who laid oft account sickness or for other par.soilat reasons, and oil some few occasions tie was used for a fall 8-hour period, and, furlher, oil certain other days lie was used on an exclusive ('1111 basis. Oil some of the days lie was used wt an exclusive call bn.sis lie was called hviee, and for each of stielt calls was allolved :t minimum of three hours.

Under the particular facts r,nd eireanistailee.a existing in this case, the Board is of the opinion that Mr. Mike's should lo, allowed. for the period May 22, 193·.',, to septelllher 110, 71:3.5. both inclusive. 8 boiu' pity for each of the dates oil which he was used on an exclusive call basis, regardless of whether there was more than one call on such dates, not inehiding tile slates on which lie relieved a regularly assigned employee. or oil the (bites he was used for a full 8-ltonr period and for which service he 11.1..1 been correctly compensated. Adjustment in his pay should be illade for the particular ihzy.s oil which lie was used exclusively oil a call basis, May 22. 19:15. to SepVcnlbar 10, 1935, both iaela5ive, deducting froth the 8-hour allowance such payllients as have already been made for the calls on those (lays.

FINDINGS.-The Third Division of the Adjostnient Board, after giving tile parties to thin dislante cite notice cif hearing thereon. and upon the whole record and all the evidence, finds and holds:

'Cleat the carrier and the employee involved fit this dislaitn are respectively carrier and employee within the meaning of the Railway Labor Act as approved June 21, 1934;

That this Division of flip Adjustnulit Board leas jurisdiction over file dispute involved herein; and

That the claim for 8 hours for each call oil days that the claimant was used to relieve a regularly assigned employee, and of, days when he was used for a full 8-hour period and for which lie was allowed 8 llaus' pay, should be denied, and that on clays when lie was used oil an exchesive call basis lie should be allowed 8 hours' pay regardless of whether lie was called for more than one tour of duty oil such (lutes, deducting iherefroni site'' allowances its have already been trade for aaieh dates.

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