NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
GULF COAST LINES
INTERNATIONAL-GREAT NORTHERN RAILROAD
COMPANY
SAN ANTONIO, UVALDE & GULF RAILROAD COMPANY
SUGARLAND RAILWAY COMPANY
ASHERTON & GULF RAILWAY COMPANY
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
"(a) Effective November 1, 1940 the correct rate of pay for the Car Record Clerk in the San Antonio Texas yard office is $6.74 per day, with an annual assignment of 306 days, also
"(b) Claim that the Car Record Clerk be paid an additional day's pay at the rate of time and one-half for each Sunday and holiday worked from November 1, 1940 until correct rate of pay and assignment is made effective."
There is in evidence an agreement between the parties bearing effective date of November 1, 1940.
EMPLOYES' STATEMENT OF FACTS: "The position of Car Record Clerk is assigned on a 365 day annual basis with a rate of $5.65 per day.
"The duties of the position are, just as the title indicates, to post all cars in the car record book and handle all tracers and other matters pertaining to the car records. All of this work is performed after the car movement has taken place, and is in no way necessary to the continuous operation of the carrier."
POSITION OF THE EMPLOYES: "During our 1940 rules negotiations we endeavored to reduce all 365 day annual assignments to 306 day annual assignments without ;my reduction in the earnings of the positions. We were unable to reach an agreement to that effect, however the carrier did recognize and agree that there are many positions assigned on a 365 day annual basis that are not necessary. An agreement was reached providing that all such positions would have the annual assignment reduced from 365 days to
this case for lack of jurisdiction inasmuch as the determination of positions assigned to Sunday and holiday work necessary to the continuous operation of the Carrier is a subject for negotiation between the parties by agreement."
OPINION OF BOARD: In so far as the interpretation of the agreement is concerned this case involves exactly the same question as was considered in Docket No. CL-1679, Award No. 1614. We there held the letter of October 13 1940 to be a part of the agreement effective November 1
1940, and that it required the carrier as of November 1, 1940 to reduce all 365 day assignments not necessary to the continuous operation of the carrier to 306 day assignments without a reduction in the total pay received by the employes affected.
The position here involved is the 365 day assigned position of Car Record Clerk in the San Antonio, Texas, yard office. In view of the construction which we placed in Docket CL-1679 Award 1614, on the phrase "not necessary to the continuous operation of the carrier," we must hold that the assignment covered by this case should have been reduced, effective November 1, 1940, to a 306 day annual assignment without any reduction of the earnings of the man employed in such position.
For the reasons expressed in Docket CL-1679, Award 1614, we hold, however, that such employe is not entitled to time and one-half for Sundays and holidays worked since November 1, 1940 but only to the pro rata rate.
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 employe involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 7934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
That the agreement of October 13, 1940 is supplemental to the current agreement; that it has the same effective date, viz., November 1 1940, and applies to the position involved in this dispute, it aving a 365 day assignment and not being "necessary to the continuous operation of the carrier."
Claim (a) sustained; claim (b) sustained to this extent-that the employe be paid an additional day's pay at the pro rata rate established under claim (a) for each Sunday and holiday worked from November 1, 1940 until a correct assignment in his case shall have been made effective, less amounts actually received for regularly assigned working hours on such days.