STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Illinois Central Railroad Company that the Carrier is in violation of the provisions of the existing agreement:
EMPLOYES' STATEMENT OF FACTS: There is an agreement in effect between the parties dated June 1, 1939, amended as to rates of pay on various dates, amended as to rules covering working conditions on various dates the next previous amended rules being those contained in Memorandum No, 6, signed at Chicago, Ill., July 18, 1949.
At East Dubuque Station, Ill., the Organization represents the occupants of the positions of,
both being hourly rated positions. Prior to September 1 1949 both positions worked daily Monday through Saturday, inclusive, with the same assigned hours. The Operator Ticket Clerk worked one call on Sunday, 10:00 A. M. to 12:00 noon for which lie was compensated for 3 hours at the time and
making of these rules that the work covered by the agreement will be combined wherever and whenever possible to insure a forty-hour week to the employes.
(b) It is not a violation of paragraph (e) of Rule 19, Section 1 of the existing agreement in not establishing relief positions where there is not sufficient duties or work to justify it.
(c) It is not a violation of paragraph (b) of Rule 19 Section 3, of the existing agreement to assign monthly rated employes work to fill out their time on the sixth day of their weekly assignment because the agreement provides that such employes may be used on the sixth day of the work week to the extent needed without additional compensation.
OPINION OF BOARD: This case differs somewhat on the facts from those in Awards 5271, 5272, 5273, 5274. Here at East Dubuque only two positions existed, Agent and Operator, both hourly rated positions.
Prior to September 1, 1949, both positions worked six days, Monday through Saturday, with the same assigned hours. The Agent did not work Sunday; and the Operator worked one Call on Sunday.
On September 1, 1949, the work week was staggered: the two regular assigned rest days of the, Agent were Saturday and Sunday, and of the Operator Sunday and Monday. But one regular assigned relief position was established to perform the service of the Operator on Monday; and the Operator was assigned to perform the service of the Agent on Saturday and the Call on Sunday.
What we held in Award 5271 about the requirements of the Rule for the establishment of all possible regular relief positions applies with the same force here. Both the Agent position and the Operator position are 6-day positions according to the Carrier's method of assignment. We express no opinion on the question whether the nature and extent of the Agent's duties on Saturdays could be discharged with a Call, as the Operator's seem to be on Sundays.
FINDING& The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and uon 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