CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: Employe J. A. Wuerl is regularly assigned to Car Record Clerk Position No. 535 at Muskego Yard, Milwaukee, Wisconsin. Position No. 535 is a seven-day position and Employe Wuerl's assigned work week is Thursday through Monday with rest days of Tuesday and Wednesday. His hours of service are from 8 A. M. to 4:30 P. M.
Employe F. E. McClintic is assigned to Relief Position No. 11 Saturday through Wednesday with rest days of Thursday and Friday. On Saturday he relieves Yard Clerk Position No. 581 at Muskego Yard. On Sunday and Monday he relieves Chief Yard Clerk Position No. 559 at Menominee Belt. On Tuesday and Wednesday he relieves Car Record Clerk Position No. 535 at Muskego Yard.
Employe M. C. Friedrich is regularly assigned to Position No. 526, Supervisor of the Car Record office. Position No. 526 is not a position filled seven days, but is a 5-day assignment with assigned hours from 6 A. M. to 2 P. M. Monday through Friday.
On July 19 and 20, 1955 the regular occupant of Relief Position No. 11, Employe F. E. McClintic, was off account illness. On these days Employe M. C. Friedrich was removed from his regular assignment on Position 526 for the purpose of performing the relief work on Car Record Clerk Position No. 535.
been filled seven days per week. The purpose of Rule 27 is not a "guarantee" as to days of work per week, but it is for the purpose of indicating what the rest days shall be. Rule 27 was complied with in every respect in the instant case.
Memorandum No. 9, paragraph 4, to which the employes refer, provides who shall be called for overtime. It is the Carrier's position that Memorandum No. 9 has no application in the instant case as there was no overtime required on Position No. 535 on July 19 and July 20, 1955 nor was there any overtime worked. Employe Friedrich performed service only during his regularly assigned hours and the work which he performed during those assigned hours was the same as that which he normally perform except he consumed a little more time in connection with car records than ordinarily.
Furthermore, no overtime would have been necessary in connection with the car record work had employe Friedrich devoted no more time to such work than normally, for the reason that such work would have been held over and performed on following days during regularly assigned hours, just the same as some of such work is held over from day to day.
We should like to direct attention to the following quoted from the Opinion in Award 7227:
In conclusion the Carrier should like to point out once again that Employe Friedrich was not removed from his regular assignment on July 19 and July 20, 1955 for the purpose of performing the duties of Car Record Clerk Position No. 535. There was no overtime required on Position No. 535 on July 19 and July 20, 1955 nor was there any overtime worked.
There is no schedule rule support for the claim which the employes have presented and the Carrier respectfully requests that the claim be denied.
OPINION OF BOARD: Under the facts and rules involved herein there is no merit to the claim.
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