NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Curtis G. Shake, Referee
STATEMENT OF CLAIM: Claim of the System Committee of the Brotberhood-
(a) That the Carrier incorrectly paid J. W. MacCormack Union Station Maintainer, for work performed on December 15 22, 29, 1942; January 5, 12, 19, 26; February 2, 9, 23; March 2, 9, 16, 23, 30; April 6, 13, 1943; and
(b) That J. W. MaCCormack be paid the difference between what he received at straight time rate and what he was entitled to receive at the rate of time and one-half time for eight hours on each of the above dates.
EMPLOYES' STATEMENT OF FACTS: J. W. MacCormack held a regular bulletined position as station maintainer. The bulletin advertising the position to which he was assigned provided for an assignment of eight hours per day-7:00 A. M. to 3:30 P. M., 30 minutes for lunch, six days per week-Tuesday being assigned as his day off. The rate of pay for this position was $200.60 per month.
On the following Mondays December 14, December 21, December 2$, 1942, January 4, January 11, January 18 January 25 February 1 February 8, February 22, March 1, March 8, March 15, March 22, March 29, April 5, and April 12 1943, on completion of his assignment at 3:30 P. M., the Carrier instructed and required MacCormack to report for work at 7:00 A. M. the next day, Tuesday, his regular day off. The claimant complied with instructions and did perform work for the Carrier on his regular days off as hereinbefore specified.
For service rendered on said dates claimant received pay at the straight time rate whereas he was entitled under Rule 33 to be paid at the rate of time and one-half when notified or called to perform work on his regular assigned day off.
The claim of J. W. MacCormack was handled as provided for in the agreement up to and including the highest officer designated to handle same and the Carrier declined to allow the claim. The Employes' representative made request upon the Carrier to submit the claim as an unadjusted dispute to the Third Division, National Railroad Adjustment Board, and the Carrier declined to do so.
There is an agreement in effect between the parties which is hereby made a part of this Statement of Facts.
In view of the information in the Superintendent's letter of May 4, 1943, quoted above showing that the Organization's representatives themselves did not consider Rule 33 a seventh day rule inasmuch as they presented such a rule along with their proposed Sunday and Holiday rule, it is quite evident that there is no basis for their claim. The Carrier, therefore, requests that the Employes' claim, in this case, both Sections (a) and (1;) be denied.
OPINION OF BOARD: The question presented by this case is identical with that disclosed by Docket No. MW-2589, decided by Award No. 2557. On the authority of that award, and for the reasons therein stated, it is concluded that the claimant herein is entitled to prevail.
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