NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Edward F. Carter, Referee
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) The Carrier violated the Clerks' Agreement on January 20, 1943, when it denied Miss Berta Willey the right to work overtime in the performance of work regularly assigned to and performed by her. Also
(b) Claim that Miss Willey be paid three and one-half hours' overtime because of the agreement violation.
EMPLOYES' STATEMENT OF FACTS: Miss Willey is employed as Bookkeeper in the Auditor's Office at Houston.
On January 20, 1943, certain work in the Auditor's Office, regularly assigned to and performed by Miss Willey, had to be completed by working overtime.
Miss Willey worked one hour's overtime at the end of which she was required to suspend work. The remainder of Miss Willey's work, three and one-half hours, was completed by other employes. .
The Carrier has never questioned the fact that the work should have been) under the agreement, performed by Miss Willey. (See Exhibits A, B, C, and D)
POSITION OF EMPLOYES: The facts, circumstances and rules involved in this case are identical with those involved in the following claim which has been submitted to your Honorable Board:
In the instant case, Miss Willey was given preference to work overtime after her assigned hours as is provided for in Section B, Article 45 of the current Agreement with the Clerks' Organization and worked the full amount of overtime which the Carrier could permit her to work and comply with the Texas State Law governing the hours of service of female employes.
Based on the facts and evidence herein submitted, Carrier respectfully requests your Honorable Board to deny the claim of the employes.
OPINION OF BOARD: The record discloses that Berta Willey was employed as a Bookkeeper in the Auditor's office at Houston, Texas. On January 20, 1943, she was entitled under the terms of the current agreement to work overtime for 4%a hours. She was permitted to work one hour in addition to her regular eight hour assignment and thereupon ordered by the Carrier to cease work because of a Texas statute prohibiting women from being worked more than nine hours in any twenty-four hour period.
The facts, circumstances and rules involved in this case are identical with those involved in Award No. 2433, Docket CL-2416, decided herewith and the result as governed entirely by the opinion accompanying that award. The record will not, therefore, sustain an affirmative award.
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 bolds:
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 carrier did not violate the current Agreement in giving effect to a Texas statute prohibiting women from being worked more than nine hours in any twenty-four hour period.