NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION




PARTIES TO DISPUTE:

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


THE ATCHISON, TOPEKA AND SANTA FE RAILWAY

COMPANY-(Eastern Lines)


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






EMPLOYES' STATEMENT OF FACTS: Mr. Geo. C. Couch was the occupant of Yard Clerk Position No. 695 at Independence, Kansas, on September 27, 1946. The assigned hours of Position No. 695 on that date and prior thereto had been 12:05 A.M. to 8:05 A.M., rest day Sunday. Effective September 27, 1946, the assigned hours of this position were changed to 11:10 P.M. to 7:10 A.M., the rest day, Sunday, remaining unchanged. Because of this change in the assigned hours of Position No. 695 the incumbent was required to work from 12:05 A.M. to 8:05 A.M. on September 27, 1946, and then return to duty at 11:10 P.M. the same date, resulting in his working eight hours fifty-five minutes in one day, or a twenty-four hour period computed from the starting time of his first tour of duty, for all of which he was compensated at pro rata rate.


Moreover, this change in the assigned hours of Position No. 695 resulted in Mr. Couch working seven hours ten minutes on his regularly assigned seventh day off duty, for which service he was paid at the pro rata rate instead of time and one-half as required by the rules. The following statement clearly illustrates the overtime service performed by Mr. Couch on Friday, September 27, as well as the service he performed on his regularly assigned seventh day off duty:


Date Hours Worked Each
Day (Calendar Day) Calendar Day Payment Due
Monday 9-23-46 (1st Day) 12:05 A.M. to 8:05 A.M. 8'00" pro rata
Tuesday 9-24-46 (2nd Day) 12:05 A.M. to 8:05 A.M. 8'00" " "
Wednesday 9-25-46 (3rd Day) 12:05 A.M. to 8:05 A.M. 8'00" " "
13891
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The Carrier maintains that both phases of this claim should be denied as they can only be construed as an attempt to secure payments to the claimant employe not called for by the collective bargaining agreement in effect.


OPINION OF BOARD: On Friday, September 27, 1946, the claimant worked the hours of his assignment, 12:05 A.M. to 8:05 A.M. for which he was allowed eight (8) hours' pay. The claimant worked his new assignment starting at 11:10 P.M. Friday, September 27, 1946, and ending at 7:10 A.M. Saturday, September 28, 1946, for which he was allowed eight (8) hours' pay at the pro rata rate. The claim is that the time worked from 11:10 P.M. September 27, 1946 to 12:05 A.M. September 28, 1946, a 'total of fifty-five (55) minutes, is time worked in excess of eight (8) hours in a twenty-four hour period, and that the claimant is entitled to payment for this fifty-five (55) minute period at the rate of time and one-half. The Organization relies upon Article VI, Section 1, and Article VII, Section 1, of the current Agreement, which provides as follows:






This question, involving the interpretation of these Rules, has been considered by the Board. Awards 3214, 4201 4202, 4203 4835, 836 and 4837. The Board has held that with reference to unassigned extra employes that

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a day is to be considered as a twenty-four (24) hour period. In this case the twenty-four (24) hour period must be computed from 12:05 A.M., Friday, September 27 1946, and the claimant has worked fifty-five (55) minutes in excess of eight (8) hours in a "day" and must be compensated for this time at the penalty rate. The Carrier has not advanced any reasons why the same interpretation should not apply to regular employes that applies to unassigned extra employes. Article VI, Section 6-a, cited by the Carrier, is not relevant to this question, which deals with compensation to be paid to employes under the facts here presented.


With reference to the Organization's claim that the Carrier is required to pay the claimant for seven (7) hours and five (5) minutes service on Sunday, September 29, 1946, it is not disputed that under the established practice a shift commencing on Saturday and ending on Sunday is considered as a Saturday assignment, and the Rules providing for punitive payment for Sunday assignments are not applicable. There is no Agreement Rule requiring payment at the rate of time and one-half for the seventh day as here claimed.


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 juridisetion over the dispute involved herein; and






    Claim (a) sustained. Claim (b) denied.


                NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division


ATTEST: A. I. Tummon
Acting Secretary

Dated at Chicago, Illinois, this 17th day of October, 1950.