NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that regularly assigned Relief Man-Carl S. Schrock and regularly assigned Truekman, A. M. Van Scoy, shall each be compensated for eight hours at rate of time and one-half their hourly pro-rata rate for Sunday, December 22, 1946.
EMPLOYES' STATEMENT OF FACTS: The claimants in this case are regularly assigned employes engaged in service necessary to continuous operation of the Railway. Sunday, December 22, 1946, was the assigned rest day of the claimants. They were not notified or called to perform work on that day, hence did not work. The pro-rata hourly rate of employes Schrock and Van Scoy is 99yzc per hour and 93-1/8 per hour, respectively.
On the same day, Sunday December 22, 1946, due to the increased volume of holiday mail, the carrier hired two new men, a Mr. Brown and Mr. Laudel, and worked them as truckmen on that day only-paying each at the regular rate of truckman, 93-1/8 cents per hour or $7.45 per day, instead of using regularly assigned employes Schreck and Van Scoy, who were available and should have been called.
POSITION OF EMPLOYES: There is an agreement between the Parties bearing effective date of January 1, 1925 from which the following rules, or portions thereof, are quoted below:
For the information of the Board, both of the above named claimants worked every day during the 6 day period immediately preceding December 22, 1946 and worked every day during the 6 day period immediately following December 22, 1946; and it is, therefore, obvious that the alleged claim for 8 hours at punitive rate account of not being required to perform service on Sunday, December 22, 1946, is wholly without basis under the rules of the existing agreement.
The submission of this alleged dispute to the Board is without question an attempt on the part of the Committee to change the rules of the existing agreement in a manner contrary to the provisions of the Railway Labor Act; therefore, the contention of the Committee should be dismissed and the claim denied.
OPINION OF BOARD: On Sunday, December 22, 1946, Carrier used two outsiders as truckmen instead of using regularly assigned employes who were available.
Carrier contends the two men it used were bona fide employes for the one day they were used.
Tmckmen are expressly included under Rule 1 (b), the Scope rule. A number of awards of this Board have announced the principle that such action by Carrier violates seniority rights.
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