CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of R. W. Williams, Signal Maintainer, Chicago Terminal Crew, with headquarters at Tower A-5, Pacific Junction, Illinois, (1) for time and one-half rate for services performed at Tower A-2 outside of assigned hours on July 17 and 18, 1942, and (2) for straight time for eight hours each of these days account required to suspend work during regular hours to absorb overtime.
EMPLOYES' STATEMENT OF FACTS: November 16, 1939, Bulletin No. 143-39 was issued to advertise permanent position of signal maintainer in maintenance crew with headquarters at Tower A-6, Pacific Junction, Illinois. This bulletin indicated that the assigned hours for the position were from 7:00 A. M. to noon and from 1:00 P. M. to 4:00 P. M. The assigned territory was the Chicago Terminal District and the regular days off for the position were shown as Sundays and holidays. The bulletin advertises that a brief description of the duties of the position was electrical and mechanical repair and construction work pertaining to the various DC block signal systems and the electric, electro-pneumatic, mechanical, remote control and drawbridge interlocking plants together with spring switch layouts, crossing signals and bells.
December 8, 1939, a bulletin, also numbered 143-39, was issued announcing that Mr. R. W. Williams had been assigned to the position of signal maintainer in the Chicago Terminal Maintenance Crew as advertised in Bulletin No. 143-39. This announcement reported that Phil Tocke, W. M. Coe, W. L. Stewart and G. H. Mooney had also applied for this position.
July 17 and 18, 1942 Mr. Williams was permitted to work but one hour of his regular assigned hours on these days and was required to perform services for seven hours each day outside his regularly assigned hours. Compensation was allowed on basis of eight hours each day at straight time rate.
The controlling agreement between the parties became effective November 1, 1938.
POSITION OF EMPLOYES: It is the position of the Brotherhood that the carrier violated the provisions of Rule 13 when it refused to compensate Mr. Williams at rate and one-half for services performed outside his regularly established working period and it violated Rule 10 when it required Mr. Williams to suspend work during regular working hours to absorb overtime and thus in turn violated Rule 11 by reducing the number of regular working days below six per week without agreement.
OPINION OF BOARD: The Brotherhood claims Signal Maintainer R. W. Williams of the Chicago Terminal Crew, with headquarters at Tower A-5, Pacific Junction, Illinois, should have been paid on an overtime basis on July 17 and 18, 1942, for services performed at Tower A-2 outside of his regularly assigned hours and for straight time on each of said days for the hours he was required to suspend work on his regular assignment.
The record establishes that the Claimant, at the time this claim arose, was a signal maintainer of the Chicago Terminal Crew and assigned to Tower A-5, Pacific Junction, Illinois, with hours from 7:30 A. M. to 4:00 P. M., with one-half hour for lunch, and Sundays off.
L. A. Malinke, a regularly assigned relief signal maintainer, was on vacation from July 13 to 18, 1942, inclusive. No extra signal maintainer was available and the position being one necessary to the continuous operation of the railroad, Claimant was assigned to the relief assignments. Thehe assignments had the hours from 3:00 P. M. to 11:00 P. M. on Friday, July 17, 1942, and from 11:00 P. M. to 7:00 A. M. on Saturday, July 18, 1942. Claimant was paid on a straight time basis for hours actually worked. On these two days Claimant only worked one hour of his regularly assigned shift, that is, from 3:00 P. M. to 4:00 P. M. on July 17, 1942.
Rule 10 of the parties' agreement provides: "An employe will not be required to suspend work during regular working hours to absorb overtime."
Under the facts and these rules Claimant was entitled to be paid for eight hours straight time and seven hours overtime on July 17, 1942 and for eight hours straight time and eight hours' overtime on July 18, 1942. See Award 3301.
Carrier's contention with reference to the applicability of the Vacation Agreement has been fully disposed of by our Opinion in Award 3795 and will not be repeated here. We find the claim should be sustained.
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: 3797-12 1006