NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
CHICAGO, ROCK ISLAND AND PACIFIC
RAILWAY COMPANY
STATEMENT OF CLAIM: "Claim of the Rock Island System Board of Adjustment, Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes, on the Chicago, Rock Island and Pacific Railway for adjustment in compensation of ticket clerks employed Des Moines, Iowa, ticket office, as follows:
"Payment on basis of time and one-half pro rata rate for work performed on regularly assigned days of rest for:
EMPLOYES' STATEMENT OF FACTS: "Working Rules Agreement effective January 1st, 1931, contains the following rules:
"The services of the ticket clerks were required for seven days a week. Normally, in line with Rule 53, each employe in the office was given a rest day. The time came when there was no one to man the relief position. The carrier was entirely agreeable to continuing the six-day assignments by having a relief man, providing some competent employe could be located to relieve the regular man. The carrier did not feel it was warranted in incurring the additional penalty of one and one-half time because there was no employe competent to perform the work, particularly so when the rules negotiated between the carrier and its emloyes provided the carrier was entitled to have the work of the ticket office performed at pro rata time. It will be noted that Rule 53 provides for a rest day
'so far as practicable, consistent with the requirements of the service . . . .
"There was no violation of the spirit, the intent or the accepted application of the clerks' schedule in this case, and the claim of the employes should be declined."
There is in evidence an agreement between the parties bearing effective date of January 1, 1931, containing Rule Nos. 13, 53, and 54, quoted by petitioner.
OPINION OF BOARD: The same general question between the same parties and involving the same rules was before this Board in Docket CL-977, Award 930. In that case the Board said:
That award is considered controlling in this case and for that reason the claim will be denied.
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, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and