C:\AWARDS\OUT\3-03927.htm

Award No. 3927

Docket No. CL-3942

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

James M. Douglas, Referee

PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

FLORIDA EAST COAST RAILWAY COMPANY (SCOTT M.

LOFTIN AND JOHN W. MARTIN, TRUSTEES)

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

The carrier be required to compensate Clerk C. A. King for a day's pay, when, as a result of changing his assigned relief day, his days of work per week were reduced below six in violation of the provisions of Rule 69 (a).

EMPLOYES' STATEMENT OF FACTS: On January 22, 1947, Clerk C. A. King, Miami, who was assigned to a position necessary to the continuous operation of the carrier, was notified by carrier's Ticket Agent that, effective January 29, the assigned relief day of his position would be changed from Tuesday to Wednesday, and he was relieved on Tuesday, January 28, and Wednesday, January 29.

POSITION OF EMPLOYES: In support of their claim, the employes cite the following rules of the January 1, 1938, agreement:

"Rule 1. These rules shall govern the hours of service and working conditions of the following employes subject to the exceptions noted below:

"Group (1) Clerks-(a) Clerical workers

(b) Machine Operators.

"Group (2) Other office and station employes-such as office boys, messengers, chore boys, train announcers, gatemen, train and engine crew callers, operators of certain office or station appliances and devices, and telephone switchboard operators."

"Rule 50 (a) Except as provided in paragraph (b) of this rule, work performed on Sundays and the following holidays, namely: New Year's Day, Washington's Birthday, Decoration Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas (provided when any of the above holidays falls on Sunday the day observed by the State, or by the Nation in the absence of State recognition, shall be consiered the holiday) shall be paid at the rate of time and onehalf, except that employes necessary to the continuous operation of the carrier who are regularly assigned to such service will be assigned one regular day off in seven (7), Sunday if possible, and if

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"Nothing in this rule shall affect or prevent the abolition of a position at any time."

The Railway has no desire to incur the additional work of abolishing and readvertising such positions, and it does not indulge in sharp practice, but it must protect itself by taking full advantage of the rights reserved to it in the agreement in order to protect Itself against a distortion of the agreement.

(Exhibits not reproduced.)

OPINION OF BOARD: In this claim Clerk King, who was assigned to a position necessary to continuous operation, had his relief day changed. He was relieved both on Tuesday, January 28. 1947 and a Wednesday, January 29. Thus the number of days he worked in a week was reduced to five. This was a violation of Rule 69, which guarantees six days' work per week.

In Award No. 3923 we sustained a claim involving the same situation and the same issues. This claim is between the same parties under the same Agreement.

Accordingly, this claim must 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:

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

That Carrier violated the Agreement.

AWARD

Claim sustained.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: H. A. Johnson Secretary

Dated at Chicago, Illinois, this 7th day of June, 1948.