NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood:
JOINT STATEMENT OF FACTS: George H. Whiteman is employed as Assistant Extra Gang Foreman in the Maintenance of Way Department on the Chicago Division at LaPaz, Indiana.
Mr. Whiteman was instructed by the Supervisor to work overtime daily before and after his regular tour of duty in order to transport employes in his gang to work and take them home following their regular tour of duty. This overtime ranged from one to one and three-quarters hours per day. Mr. Whiteman started his vacation on August 1, 1950, and while he was absent on vacation the employe who relieved him aggregated eleven and three-quarters hours overtime for the same reason. Mr. Whiteman's vacation allowance was determined on the basis of eight hours per day with no additional allowance for the overtime.
The agreement in effect between the two parties to this dispute dated April 17, 1930, and subsequent amendments and interpretations, and the Vacation Agreement of December 17, 1941 and supplements thereto, are by reference made a part of this Statement of Facts.
This dispute has been handled in accordance with the provisions of the Railway Labor Act as amended. No agreement on a settlement thereof having been reached between the parties, it is hereby submitted to the National Railroad Adjustment Board for decision.
POSITION OF EMPLOYES: Mr. George H. Whiteman, was assigned to the position of Assistant Extra Gang Foreman at LaPaz, Indiana, Chicago Division, on May 1, 1949.
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Casual means happening without design and without being expected, that is, coming by chance, coming without regularity, occasional and uncertain. herefore casual overtime means overtime arising from service requirements or events which depend upon contingency or chance, and without regularity.
Unassigned means that the work is not part of an assignment. Unassigned overtime means overtime work which, although it may be regularly performed, has not been assigned to a position te occupant of which is performing it.
This Claimant was assigned to the position of Assistant Extra Gang Foreman at LaPaz, Indiana. The overtime here involved was neither casual or unassigned but was overtime work assigned to the position of Assistant Extra Gang Foreman by the Supervisor to be performed each day by the occupant thereof as a part of his regular assignment. Payment thereof was included in the daily compensation which the occupant thereof received. If this Claimant does not receive payment during the period of his vacation which is based thereon then certainly he will be worse off for having taken it. That is what the interpretation of Article 7(a) says the rule does not contemplate shall happen. We find 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 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