NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on The Pennsylvania Railroad that the Carrier shall, by appropriate award and order be required to pay to J. C. Morgan the difference between straight time rate, was paid, and the time and one-half rate, to which he is entitled by provisions of Regulation 4-H-1 of the effective agreement between the parties, for services performed on Labor Day, September 4, 1950.
EMPLOYES' STATEMENT OF FACTS: J. C. Morgan was awarded by bid a Relief Assistant Train Director position, with rest days Wednesday and Thursday each week. He was not qualified, and it was necessary that he post, which he did from August 26 to Septemer 12, 1950, except September 6th and 7th and other rest days of the position.
On Labor Day, September 4, 1950, he posted on this position under Regulation 4-P-1(b), for which he was compensated at the straight time rate. He performed but 40 hours of service that week. He filed time slip for time and one-half for Labor Day, September 4, 1950 which was denied and he was paid straight time rate.
POSITION OF EMPLOYES: There is an Agreement in effect between the parties, Regulations effective September 1, 1949, Rates of Pay effective February 1, 1951.
OPINION OF BOARD: The issue is whether the Claimant is entitled to be compensated at the rate of time and one-half for the posting he performed on Labor Day, September 4, 1960.
Paragraph (b) of Regulation 4-H-1 provides that "Time worked by employes" on the holiday "shall be paid at the rate of time and one-half."
While not denying the Claimant was an employe the Carrier claims that posting cannot be considered as "time worked." The Board must find that posting, while for the benefit of the employe, also benefits the Carrier. The employe was present on the employer's premises pursuant to provisions of the contract and did perform certain services in connection with learning the job under instruction and supervision. The Carrier asserts under Paragraph (d) of Regulation 2-N-1 this "exercise of seniority" by the employe 'shall not result in any expense other than as set forth in Regulation 4-P-1 and that the last mentioned Regulation requires merely the payment of the straight time rate for the posting done on the holiday.
A reading of Regulation 4-P-1 (b) shows that the employe "shall be paid for learning the position at the rate which he received on the position he last vacated."
The "rate" of his former position of Leverman for holidays was time and one-half just as it is for all holidays and not straight time. The Claimant was not "excused" from work on this holiday. He would have worked on his former position and the position on which he was posting was bulletined to work this holiday.
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 Employe 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