STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Delaware and Hudson Railroad, that:
EMPLOYES' STATEMENT OF FACTS: There is in full force and effect a collective bargaining agreement between the Delaware and Hudson Railroad Corporation, hereinafter referred to as Carrier or Management, and The Order of Railroad Telegraphers, hereinafter referred to as Employes or Telegraphers. The Agreement was effective July 1, 1944. The collective bargaining agreement, as amended, is on file with this division and is by reference made a part hereof as though incorporated herein word for word.
This dispute was handled on the property in the usual manner and through the highest officer designated by Carrier to handle such disputes. The dispute failed of adjustment and since it involves interpretatiion of the collective bargaining agreement this division is under the Railway Labor Act, as amended, given jurisdiction to decide the dispute.
The dispute concerns the assignment by Carrier of different work hours on Sunday than on other days of the week at Westport, N. Y.
Prior to September 26, 1954, the assigned hours of agent-telegrapher position at Westport were 8:00 A. M., to 4:00 P. M. The work week of the
the case at issue. The Opinion of the Board in Award 6694 contains the following comment relative the Starting Time Rule:
In the instant case, the agent-telegrapher's five-day assignment has a fixed starting time. The position of agent-telegrapher on Sunday was no part of a regular assignment.
There is no violation of Article No. 24 and carrier respectfully requests that claim be denied.
Management affirmatively states that all matters referred to in the foregoing have been discussed with the committee and made a part of the particular question in dispute.
OPINION OF BOARD: The position of Agent-telegrapher at Westport, New York is a seven day position, and during all of the time, except for that covered by this claim the starting time had been the same on all seven days of the week.
On September 26, 1954, the Carrier made a change from 8:30 A. M. to 9:00 A. M. and extended the 8 hour day from 4:30 to 5 P. M.
Claimant was paid the time and a half rate for having to work his 8 hours, but seeks additional pay for the 30 minutes he had to work from 4:30 to 5 P. M. because that was outside of his working hours on his regular assignment which was from 8:30 A. M. to 4:30 P. M.
This situation continued to November 14 when the starting time on Sunday was put back to 8:30 A. M.
We had similar situations in Awards 6618 and 6808. Both awards remanded the cases involved for further consideration and negotiation on the property. We have not been advised what disposition was made of those cases, so they cannot be considered as precedents here.
Employes here concede that the Sunday work involved was not part of any assignment.
While the Carrier did give the notice required by this rule, no doubt as a precaution, that did not take claimant's Sunday work out of his admission that it was not a part of any assignment. 8856-6 563
Claimant apparently was aware of this, because here he is contending he is entitled to the 30 minutes pay under that part of Article 3?z, Section 1, paragraph (m) which reads as follows:
But here again claimant is faced with his admission that his Sunday work was not a part of any assignment so that this rule is not applicable.
No violation of the agreement has been shown and claim must be denied. Award 8345.
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