NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Chicago, Burlington and Quincy Railroad that:
EMPLOYES' STATEMENT OF FACTS: The agreements between the parties are available to your Board and by this reference are made a part hereof.
Prior to time cause for this claim arose, Ruth Anderson was regularly assigned to Printer Operator Position No. 230 in the Relay Office at Omaha, Nebraska, with assigned hours 7:00 A. M. to 3:00 P. M., work week commencing on Tuesday and assigned rest days Sunday and Monday. On February 9, 1956, the Carrier issued a bulletin notice changing the rest days on this position to Saturday and Sunday designating the effective date as February 16, 1956.
Immediately prior to and subsequent to February 26, Claimant Anderson worked as follows:
Any other decision in this case would nullify the provisions of Rule 8 (1) permitting a change of rest days upon specified written notice. It would be absurd to have a rule authorizing the change in rest days in situations such as this if it could not be applied by Carrier without incurring the penalty which Petitioner is seeking here. Such a condition was not the intention here, and it has been so recognized in the awards cited herein, particularly in Award No. 14 of Special Board of Adjustment No. 136, cited above.
In the light of these clear facts, there can be no decision other than denial of the claim in its entirety.
Carrier affirmatively states that all data herein and herewith submitted have been previously submitted to the Employes.
Agreement between the parties when in changing the rest days of Claimant, regularly assigned incumbent of Printer Operator Position No. 230 in Omaha, Nebraska Relay Office, it improperly suspended her from work on February 18, 1956.
Claimant demands 8 hours compensation for February 18, 1956, on the theory that this was not her "assigned rest day" and that she was therefore required to suspend work during regular hours.
Carrier contends that the date involved was a regularly assigned rest day of Claimant and therefore Claimant was not required to suspend work during her regular hours.
The same issue involving this Organization has been before this Board in prior cases. Award 7324 followed by Awards 8103, 8144 and 8145 sustained the claims and these awards in our opinion set a precedent which is controlling in the case before us.
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: 10289-11 745