STATEMENT OF CLAIM: Time claim of JOINT COUNCIL DINING CAR EMPLOYES LOCAL 849 on the property of the CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY for and on behalf of McNEIL TOLSON, W. CANNON, W. MACKLIN, J. POWELL & B. BEVERLY that these employes be paid time and one-half for all time in excess of 240 hours in the month of December, 1965.
EMPLOYES' STATEMENT OF FACTS: On January 18, 1956 Organization's General Chairman submitted the instant claim to Carrier's General Superintendent Dining Car Department. (Employes' Exhibit "A"). Under date of January 19, 1956 that officer of the Carrier declined the claim on the ground thyt Article III of the agreement effective September 1, 1949 provided:
On January 20, 1956 Organization's General Chairman appealed declination of the claim to Carrier's Manager of Personnel, the highest officer designated on the property to hear such appeals. (Employes' Exhibit "C"). Under date of February 20, 1956 Carrier's Manager of Personnel declined the appeal. (Employes' Exhibit "D").
The claim arises by virtue of the fact that claimants were properly authorized to deadhead in connection with the assignments issued by Carrier. Time accrued by claimants in the month of December, 1955 in their regular assignments total 240 hours. Deadhead hours properly authorized exceeded 240 hours.
POSITION OF EMPLOYES: The current agreement effective November 1, 1938, revised March 20, 1943 and further revised effective November 15, 1954 is on file with this Board and is incorporated herein by reference. Rule 8 is specifically applicable to the instant claim and provides as follows:
years before the consummation of the Agreement, effective September 1, 1949. In that Award, the Board held:
For all these reasons, the Carrier contends that the instant claim must be declined in the event your Board upholds the position of the Organization that it was submitted within the time limits prescribed by Article 11(g) of the current agreement. In so arguing, the Carrier does not retreat from its original position that this claim was not properly progressed to your Board within the time limits prescribed by Article 11(g) of the applicable agreement.
It is hereby affirmed that all of the foregoing is, in substance, known to the Organization's representatives.
OPINION OF BOARD: The facts and circumstances as shown by the Record, are similar to the facts and principles and Rules on which claim is based as shown by Award No. 9803, this Division.
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