NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
JOINT STATEMENT OF FACTS: C. L. Ross, Sr., was regularly assigned as Weighmaster at New Castle Junction, Pa., rate $11.95 per day, rest days Monday and Tuesday. In the absence of the regular relief employe he had been required to perform service on his rest days but on Monday, July 3, 1950, he was advised not to report for duty the following day, July 4, 1950, because it was a holiday. On Tuesday, July 4, 1950, Yard Clerk G. F. Sherman, rate $12.19 per day, weighed 29 cars.
POSITION OF EMPLOYES: C. L. Ross, Sr., is regularly assigned to position of Weighmaster, Position No. 74-1-121, at New Castle Junction, Pa., hours 8 A. M. to 4 P. M., Rate $11.95 per day, rest days Monday and Tuesday, under the supervision of the Freight Agent. G. F. Sherman is a Yard Clerk who is regularly assigned to Yard Clerk position No. 74-1-137 which works each Tuesday. The Yard Clerk is under the supervision of Terminal Trainmaster. At 3:30 P. M., July 3, 1950, while claimant was on duty performing service on his Monday rest day, he was notified by the Freight Agent, his supervisor, that he should not report on July 4, 1950: The reason given by the Freight Agent was that he had been notified by the Terminal Trainmaster there would be no hump crew working on July 4, 1950, and therefore, there would be no work for the Weighmaster.
On July 4, 1950, however, a hump crew did work and there was plenty of work for the Weighmaster. Claimant Ross, the Weighmaster, was not called out under Rule 7(c); however, instead Yard Clerk Sherman, under the supervision of the Terminal Trainmaster and upon his instructions, was ordered to perform the work.
The Carrier asserts that neither under the rules, nor the interpretations to rules, nor under established practices on this property is there any support for this claim. The claim is without merit.
The Carrier respectfully requests this Division to hold that this claim is without merit and to deny it accordingly.
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.
OPINION OF BOARD: The relief assignment covering Claimant's rest days was vacant so Rule 4 (b-2) applied to work required on his rest days. In the memorandum of conference between the Superintendent and the Division Chairman the Superintendent stated:
Since the work required is admitted to be Weighmaster work, it appears that pursuant to Rule 4 (b-2) 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 and Employe involved in this dispute are respectively Carrier and Employs 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