Employes worked more than five (5) days in a work week shall be paid one and one-half times the basic straight time rate for work on the sixth and seventh days of their work weeks, except where such work is performed by an employe due to moving from one assignment to another or to or from an extra or furloughed list, or where days off are being accumulated under paragraph (g) of Section 1 of this Rule 7.

There shall be no overtime on overtime; neither shall overtime hours paid for, other than hours not in excess of eight (8) paid for at overtime rates on holidays, be utilized in computing the forty (40) hours per week, nor shall time paid for in the nature of arbitraries or special allowances such as attending court, deadheading, etc., be utilized for this purpose, except when such payments apply during assigned working hours in lieu of pay for such hours, or where such time is now included under existing rules in computations leading to overtime:' (Underscoring added.)

Extra telegrapher Lombard completed the vacation relief work on Job No. 1 at Huntington on September 16, 1950, and was released from that assignment. Extra telegrapher Lombard was then used in line with his seniority to fill the temporary vacancy on Relief Job No. 26, moving to and working that assignment on September 17, and was then off on Monday and Tuesday, September 18 and 19, the regular days off for that assignment.

The fact Mr. Lombard worked six (6) consecutive days of eight (8) hours each under these circumstances does not entitle him to be paid at the rate of time and one-half for the work performed on the date in question; to the contrary, Rule 7, Section 2, Paragraph (a), one of the provisions to which the work week established by Rule 7, Section 1 (a), is subject specifically excepts work in excess of forty (40) straight time hours in any work week from the overtime provisions provided by that rule where such work in excess of forty (40) straight time hours is performed due to moving from one assignment to another.

The action of the Committee in submitting this case to this Division is, without question, an attempt to set aside those provisions of Rule 7, Section 2 (a), excepting work in excess of forty (40) straight time hours and in excess of five (5) days in a work week, performed as a result of moving from one assignment to another, from the overtime provisions of Rule 7. This Board is without the authority to limit, extend, enlarge or, in any way, change the provisions of the agreement between the parties.

The contentions of the Committee should be dismissed and the claim denied.

(Exhibits not reproduced.)

OPINION OF BOARD: This case involves the interpretation of the exception to the penalty pay requirements for work in excess of forty hours, or five days per week, contained in Rule 7. Section 2(a). Such exception and the difference of opinion thereon are identical to that involved in our Award No. 5494 so that Award is controlling of the decision here.

Here the Claimant, an extra Telegrapher, was utilized to fill two temporary vacancies caused by the vacation of one and the absence of the other regular employes. Moving from one temporary vacancy to another is not equivalent to moving from one assignment to another, under the rules of the Agreement between the parties. Since the Carrier caused the Claimant to work six days in one week, and since such work is not within the exception to the penalty pay requirements, the claim must be sustained.

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 violated the Agreement.

AWARD

Claim sustained.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

DISSENT TO AWARD NO. 5495, DOCKET NO. TE-5517

(s) R. H. Allison