BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(a) Yard Clerk R. C. McReynolds, Needles, California, be compensated for eight (8) hours at his regular rate, $7.88 per day (98'%z¢ per hour), plus punitive rate of his regular assignment for time worked in excess of eight (8) hours or four (4) hours per day on January 28, 29, 30 and 31, 1945, less amount of $10.38, which he was paid for each day's work, when required to vacate his regular assignment of Yard Clerk on the above dates and work excepted position No. 1134, Crew Clerk Supervisor, 7:00 A. M. to 7:00 P. M., and,
(b) Yard Clerk R. C. McReynolds, Needles, California, be compensated for eight (8) hours at his regular rate, $7.88 per day (98%0 per hour), plus punitive rate of his regular assignment for time worked in excess of eight (8) hours or four (4) hours on February 1, 1945, less amount of $11.52 which he was paid for this day's work, when required to vacate his regular assignment of Yard Clerk and work excepted position No. 1134, Crew Clerk Supervisor, 7:00 A. M. to 7:00 P. M.
STATEMENT OF FACTS: R. C. McReynolds was regularly assigned to Position No. 430, Yard Clerk at Needles Station, hours 7:00 A. M. to 3 :00 P. M., rate $7.88 per day. On January 27, 1945 he was instructed by the Agent to forego service on his regular assignment of Yard Clerk and protect position No. 1134, Crew Clerk Supervisor, hours 7:00 A. M. to 7:00 P. M. on dates January 28 to February 1, 1945, inclusive. He followed these instructions and for this 12 hours service, he was compensated at pro rata rate of Crew Clerk Supervisor position, which rate figured $10.38 for the days worked during January and $11.52 for the day worked during February. Crew Clerk Supervisor positions at Needles are excepted positions, and are assigned twelve (12) hours per day.
POSITION OF EMPLOYES: There is evidence of an agreement between the parties, bearing effective date October 1, 1942 in which the following rules appear:
called excepted clerical positions such as the crew dispatcher position at Needles.
While the provisions of Article XI, Section 3(a) cited by the employes were not applicable to Mr. McReynolds while assigned to the crew dispatcher's position, the Carrier deems it appropriate to direct the Board's attention to the fact that Mr. McReynolds was paid the monthly rate of $321.90 attaching to the crew dispatcher's position which was the equivalent of $10.38 per day during January, 1945 and $11.50 per day during February, 1945, as compared to the rate of $7.88 per day attaching to the position of yard clerk from which he was temporarily promoted.
In conclusion, the Carrier asserts that the claim is completely without merit or schedule support and should be denied for the following reasons:
OPINION OF BOARD: Claimant, a regularly assigned yard clerk, hours 7:00 A. M. to 3:00 P. M., was used to fill a temporary vacancy in the position of Crew Clerk Supervisor, hours 7:00 A. M. to 7:00 P. M. The latter position is an excepted one. For this Claimant claims compensation for the first 8 hours at his regular rate of $7.88 per day, and for the 4 additional hours at the punitive rate of his regular assignment because those hours were in excess of his regularly assigned hours, less what he received.
This is a companion case to Docket No. CL-3354, Award No. 3444, which involved a prior agreement. However the principle involved is the same in both cases and leads to the same decision under the current agreement applicable to this case.
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; 3446-9 498