NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood:
(1) That the Carrier violated the Agreement dated November 1, 1929, when they called Section Foreman Frank L. Chickey to work outside of his regular hours of service and refused to compensate him under the provisions of the applicable rules:
(2) That Section Foreman Frank L. Chickey be compensated in the amount of two (2) hours and forty (40) minutes at his time and one-half rate for work performed, not continuous with his regular work period on August 6, 1948.
EMPLOYES' STATEMENT OF FACTS: On August 6, 1948, Mr. Frank L. Chickey was employed as Section Foreman on Section 34 at Tobin, California, and was regularly assigned from 7:30 A.M. to 11:30 A.M. and from 12:30 P.M. to 4:30 P.M. Foreman Chickey was called to work at 5:20 A.M. on the morning of August 6, 1948 to meet train No. 40 and to receive a number of section laborers arriving on this train. He was required to escort them to their living quarters, assign them their bunks, and in general, familiarize them with their future quarters.
Foreman Chickey submitted overtime claim for this work which constituted a call of two (2) hours and forty (40) minutes, and payment of claim was declined.
The Agreement between the two parties to this dispute, dated November 1, 1929, and subsequent amendments and interpretations are by reference made a part of this Statement of Facts.
POSITION OF EMPLOYES. There is an Agreement between the Western Pacific Railroad Company and the Brotherhood of Maintenance of Way Employes, in which Rule 24 of this Agreement, captioned "Day's Work", reads as follows:
It will be noted that Rule 24 provides that eight (8) consecutive hours, exclusive of meal period shall constitute a day's work. Section Foremen are assigned on the basis of eight (8) hours per day and are compensated for all work in excess thereof in the manner provided in Rule 33.
Rule 38 is clear, and it cannot be disputed that there is to be no extra payment for any service or function which is a part of the "responsibilities or supervisory duties" of a section foreman, and accordingly, you are urged to deny the claim.
All of the above has been presented to the employes. Unless requested by them, oral hearing is waived by Carrier.
OPINION OF BOARD: On August 6, 1948, claimant was employed as section foreman at Tobin, California, and was regularly assigned 7:30 A.M. to 4:30 P.M. with a one-our lunch period. Claimant was called to work at 5:20 A.M. on this date to meet a train and receive a number of section laborers arriving by train. He was required to escort them to their living quarters, assign their bunks and generally look after their best interests. The claim is for a "call".
We are of the opinion that the responsibilities and supervisory duties referred to in the foregoing rule mean those duties which are incidental to the
P mary duties of the position and which arise out of the work of the position. triwould include the making of reports, the securing of train line-ups, and the like. Supervisory duties as here used have been defined "as making up payrolls, reports, correspondence, cleanliness of outfits, meeting supervisory officers after regular hours or on Sundays, studying blue prints, preparing plans or ordering material required in their work." Docket M-714, Railway Board of Adjustment No. 3, bearing date of July 30, 1920. It is noteworthy that immediately following the portion of the award heretofore quoted, the Board said: "All other work in excess of eight hours or on Sundays is overtime." The decision clearly sustains the position of the Organization. We do not think that Rule 38 was intended to deprive the claimant of a "call" under the situation here described. The rule before us was written into the Agreement after the Railroad Board of Adjustment had interpreted it. The carrying of the rule forward into the collective Agreement in the same form carries with it the interpretations previously placed upon it in the absence of a manifested intent to do otherwise. The claim is valid.
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 Fxnployes 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