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 violated the Clerks' Agreement-
1. When it required Warehouse Foreman N. A. Jones, Jacksonville Freight Agency, to leave Jacksonville at 10:30 P. M. on March 29, 1947 and report to the Trainmaster's office at Miami 10:00 A. M. Sunday, March 30, 1947 to attend investigation in which he was not involved or interested, and failed and refused to compensate him in accordance with provisions of overtime rules, and
2. That Warehouse Foreman N. A. Jones shall be compensated on a call basis for the time that he was away from his home and for services rendered at the investigation outside of his regular assigned hours on March 29 and 30, 1947.
EMPLOYES' STATEMENT OF FACTS: Mr. N. A. Jones was regularly assigned as Warehouse Foreman at Jacksonville Freight Agency working 6:00 A. M. to 3:00 P. M. (one hour lunch period) daily EXCEPT SUNDAY AND SPECIFIED HOLIDAYS. On March 28, 1947, he received the following written instructions from the Agent at Jacksonville:
Warehouse Foreman N. A. Jones filed claim for 22 hours 30 minutes overtime for attending investigation in which he was not involved. On April 9, 1947, the Agent at Jacksonville wrote him as follows:
Ttion at Miami, Florida, on Sunday, March 30, 1947, at 10:00 A. M., for el purpose of developing facts and placing responsibility in connection with a shipment of dynamite in March, 1947, as was the case in Award No. 3966. The Claimant is not shown to have been interested in or involved in the matter being investigated. To attend this investigation, Claimant left Jacksonville at 10:30 P. M. on March 29 and returned on the day following at 8:3(1 P. M. The claim is for 22 hours and 30 minutes work at overtime rates.
The Claimant was required to attend this investigation, in the sole interest of the Carrier, on his day off. He had completed his assigned work on Saturday, March 29th, and the day following was his day off, which the Carrier was not entitled to use without compensating the employe therefor. The principle involved is discussed and applied in Award No. 3966, and that discussion need not be here repeated. We there held that Rule 46 of the Agreement governed, that the claims of the Claimant in that case were sustained. Such is our ruling on this docket.
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