THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC

RAILROAD COMPANY


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:





EMPLOYES' STATEMENT OF FACTS: Employe S. J. Wanek is the regular occupant of Relief Ticket Clerk-Baggageman-Trucker position at Winona, Minnesota and is assigned to work as follows:











The duties regularly assigned to Baggageman Position No. 66 and performed by claimant on Sunday and Monday included checking baggage, handling mail and janitor work in the freight and ticket offices.

On July 1, 1955 Employe Wanek was notified that his hours of service would be changed on Monday, July 4th, a holiday, and instead of starting at


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As indicated in the Carrier's Statement of Facts, Claimant Wanek was paid 8 hours holiday pay for the holiday, July 4, 1955. His services were not required on the holiday. He was not called to perform service and did not perform service on the holiday. He had no exclusive claim to the work of handling mail and baggage on Trains 56 and 4. This work is regularly performed by the telegrapher as well as the night baggageman. The volume of mail and baggage to and from those trains on the holiday was very small and as we have said, the telegrapher who was on duty in connection with the operation of trains, handled the small amount of mail.


There is no provision which required the Carrier to call employe Wanek at 10:00 P. M. July 4 as the employes contend nor is there any provision which required the Carrier to allow him a minimum payment of 8 hours at the time and one-half rate on the holiday. He received 8 hours at the straight time rate as holiday pay and 4 hours at the time and one-half rate for work actually performed on the morning of July 5, 1955. He is not properly entitled to any additional payment and we respectfully request that the claim be denied.






OPINION OF BOARD: Claimant is a regular incumbent of Relief Ticket Clerk-Baggageman position at Winona and his work assignment is Thursday, Friday and Saturday 9:00 A. M. to 6:00 P. M. and Sunday and Monday 10:00 P. M. to 6:00 A. M. with Tuesday and Wednesday rest days.


On July 1st the Carrier notified him that on Monday, July 4th his regular starting time of 10:00 P. M. for that day only would be changed to 1:45 A. M.


This claim is presented to us because of an alleged improper assignment of work to an Employe outside the scope and application of the Clerks Agreement.


During the period 10:00 P. M. to 1:45 A. M. when the Claimant came on duty handling of baggage and mail was done by the telegrapher operator. The Carrier points out that very little baggage and mail was handled during this period.


The Carrier also makes claim that telegraph operators have normally performed such work jointly and interchangeably and on holidays the telegraphers and not the clerks have performed it.


The record reveals that the job in question was subject of a bulletin which reads as follows:

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Under date of August 30, 1955 the Superintendent wrote the following letter in answer to the claim.


To sustain its position Claimant cites Rules 1, 28 and 32, and memorandum of Agreement No. 9.











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The record in our opinion shows that the Claimant is the regularly assigned Employe of the position covering the work here involved.




From 10:00 P. M. to 1:45 A. M. on the holiday some mail and baggage was handled by the telegraph operator and it is over this period that the dispute arises.


In the present case the holiday being an unassigned day and since the Claimant is regularly assigned to the position the rules above set out are pertinent.


The rules in our opinion provide that when work is required on a holiday that the regularly assigned Employe should be used.


Since we have decided that the Claimant is regularly assigned to Position No. 66 it is our opinion that under the rules quoted he is entitled to be called to perform the work during the holiday period, under the circumstances involved in this dispute.


FINDINGS: The Third Division of the Adjustment Board, 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;



dispute involved herein; and


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    Claim sustained in accordance with the Opinion.


            NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois this 20th day of December, 1961.