STATEMENT OF CLAIM: Claim for Dining Car Steward C. M. Murray, for continuous time for August 2 1944 until released time at Cincinnati, August 3, 1944, and for all other Stewards on subsequent dates.
EMPLOYES' STATEMENT OF FACTS: Steward C. M Murray, regularly assigned to Dining Car No. 1041 in group No. 74 and working schedule No. 75 reissued including supplements No. 1 to 47 inclusive, as of February 25, 1944, Washington, D. C. to Cincinnati, Ohio with home terminal Cincinnati. Scheduled to leave Washington, D. C. on train No. 11 at 7:55 A. M. arriving Cincinnati, Ohio at 11:55 P. M. On August 2, 1944 upon arrival at Chillicothe, Ohio, an intermediate point, Steward Murray was held from 9:20 P. M. until 4:0 A. M. August 3 1944 to operate special train from Chillicothe, Ohio to Cincinnati, Ohio being finally relieved August 3rd at 1:00 P. M..
CARRIER'S STATEMENT OF FACTS: Steward C. M. Murray was regularly assigned to Dining Car No. 1041 in Group No. 74 found in Working Schedule No. 75, dated December 6, 1942. On August 2, 1944 Steward Murray and his car were cut out at Chillicothe, Ohio; on August 3, 1944 Steward Murray and his car were used to protect military movement from Chillicothe to Cincinnati, Ohio.
POSITION OF EMPLOYES: Steward Murray was regularly assigned to straight-away service and should be paid continuous time from Washington, D. C., to Cincinnati, Ohio, the home terminal of his assignment without any deducion of time hed at hillicothe.
For the information of the Board, we are quoting the following rules from the Dining Car Stewards Agreement in effect on the B. & O. Railroad:
steward is subject to release each night between the hours of 10:00 P. M. and 6:00 A. M. For this reason, the Carrier submits that Rule 3 was properly applied in the case of the claimant.
In view of the above, this Carrier submits that the Rules contained in the Dining Car Stewards' Agreement do not support this claim.
This Carrier submits that the Awards of this Division do not support this claim.
This Division has decided numerous cases on the simple basis of whether or not there was violation of the rule or agreement.
The Carrier properly applied the applicable provisions of Rule 3 of the Dining Car Stewards' Agreement in the case of the claimant steward.
Therefore, this Carrier submits that the Awards of this Division do not support this claim.
In view of all that is contained herein, this Carrier respectfully requests this Division to find this claim as being without merit and to deny it accordingly.
OPINION OF BOARD: Steward C. M. Murray was regularly assigned to Group No. 74, Working Schedule No. 75 reissued, including Supplements Nos. 1 to 47, inclusive, as of February 25, 1944. On August 2, 1944 while on a run in that Working Schedule, leaving Washington, D. C. on Train No. 11 at 7:55 A. M. to arrive Cincinnati, Ohio, at 11:55 P.M., he along with his dining car upon arrival at Chillicothe, Ohio, an intermeiate point, was cut out and there held from 9:20 P. M. until 4:0 A.M. the following morning. He was then used on a special train f rom Chillicothe to Cincinnati, being finally relieved August 3 at 1:00 P. M.
The contention of the petitioners is that Steward Murray should be paid continuous time from Washington to Cincinnati without any deduction of time held at Chillicothe, reliance being placed upon Rule 3 (a).
In addition to Rule 3 (a) the Agreement contains a rule (Rule 1) providing for a basic month of 240 hours for which various monthly rates of pay are stated. It also contains a rule (Rule 10) providing, for a schedule of dining car runs and assignments to be arranged to restrict stewards as 3941-f 474
nearly as practicable to 240 hours' service each calendar month consistent with service requirements. Working Schedule No. 76 Group 74; though not shown in full in the record, is referred to by the parties as being in effect and applicable in the circumstances of this dispute without contention that it is not in compliance with the Agreement. It accordingly is accepted as being in compliance therewith.
When Steward Murray was cut out of his regular assignment at Chillicothe on the night of August 2 and used on Special train leaving Chillicothe early in the morning August 3 for Cincinnati he was protected in respect to his earnings and to his return to his regular assignment by rules 1, 3 (a), and 12.
The record discloses that for the service other and additional to that of the run of his regular assignment following the cut-out at Chillicothe on August 2, 1944 pay was allowed for this other service until final release therefrom at 1:00 P. M. at Cincinnati, August 3, 1944, as provided by Rule 3 (a). However, it is not shown whether the total allowance and pay for Steward Murray for the involved month of August, 1944 was or was not in excess of the basic period of 240 hours per month.
Steward Murray is due an allowance of total hours of service for the month of August, 1944, including the hours of service following the cut-out at Chillicothe for which other and additional service payment has been made. If the total hours of service for the month thus allowed was in excess of 240 hours, he is due to receive additional to his stipulated monthly rate of pay an allowance of hours and pay at the overtime rate for such excess over 240 hours. Conversely if the total hours of service for the month thus allowed is not in excess of 240 hours, no additional pay is due.
FINDINGS: The Third Division of the Adjustment Board, 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 the claim will be remanded for disposition in accord with the Opinion.