BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: This is a claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: During the period involved in this claim, the Carrier has maintained three shifts working around the clock in the Perishable Freight Department at Portola, California, for the purpose of servicing perishable freight, including icing of cars and handling of vents. The regular starting time for these three shifts have been 7:59 A. M., 3:59 P. M. and 11:59 P. M.
During the year 1954, furloughed employes worked on numerous occasions on which their shift either began or ended between midnight and 6:00 A. M., and the following is a partial list of such instances:
not applicable to furloughed employes called out for the performance of extra work.
OPINION OF BOARD: This is a claim for additional compensation by furloughed employes called in to perform extra work, when the eight hour assignment of such employes was started or ended after 12:00 midnight or before 6:00 A. M. The Carrier asserts that the rule against starting after 12:00 midnight or before 6:00 A. M. has no application to furloughed employes called in for extra work and therefore the Claim should be denied. The Organization contends that the rule is controlling and applicable to furloughed employes called in for extra work. The Claimants were paid at the pro rata rate for the work performed and now seek additional compensation for the hours worked because of the alleged breach by the Carrier.
On the basis of the evidence in this record we conclude that the prohibition contained in Rule 16 does not apply to furloughed employes called in to do extra work. It undoubtedly does apply to employes regularly assigned. It seems to us that extra employes have no assigned starting time, except when they fill the position of a regularly assigned employe which they were not doing at the time of the work which caused this claim. We think the reasoning in our Award 7314 is properly applicable to the facts in the instant case. It seems to us in this case that Rule 16 must be considered in conjunction with the entire section dealing with starting time, and when the rule is related to the description which precedes it we conclude that it applies to regularly assigned employe, and not to furloughed employes doing intermittent and casual extra work. The claim will be denied.
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 Employe 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