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 Warehouse Clerk at Corpus Christi, Texas is $5.55 per day with an annual assignment of 306 days. Also
"(b) Claim that the Warehouse Clerk be paid an additional day's pay at the rate of time and one-half for each Sunday and holiday from November 1, 1940 until correct rate of pay and annual assignment is made effective."
There is in evidence an agreement betwen the parties bearing effective date of November 1, 1940.
EMPLOYES' STATEMENT OF FACTS: "The Warehouse Clerk at Corpus Christi is assigned 365 days annually and is paid $4.65 per day.
"The warehouse at Corpus Christi is not open for the receipt and delivery of freight on Sundays and holidays.
"For many years this position was assigned 306 days annually. About three years ago the 365 day assignment was put into effect in order to effect early delivery of freight on days following Sundays and holidays.
"The duties assigned to and performed by the Warehouse Clerk at Corpus Christi are confined exclusively to the handling of merchandise freight and reports in connection therewith.
"The freight handled at Corpus Christi on Sundays and holidays is for delivery the following day."
ter having been discussed being with respect to the positions which the Organization proposed to change from a 365 day annual assignment to a 306 day annual assignment.
"It is the contention of the Carrier that the duties performed by the position involved in this case are of such nature that it is necessary for the same to remain assigned so as to include Sundays and holidays and it is the further contention of the Carrier that your Honorable Board should dismiss 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 corneerned 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 Warehouse Cleric at Corpus Christi, Texas. 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 holiays 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, 1934;
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 having 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.