NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
ST. LOUIS SOUTHWESTERN RAILWAY CO1VIPANY
STATEMENT OF CLALVI:
Claim of the General Committee of .The
Order of Railroad Telegraphers on the St. Louis Southwestern Railway Lines,
that:
1. Carrier violated the terms of the Telegraphers' Agreement
when in changing the assigned work week and rest days of AgentTelegrapher W. H. Thompson, Powell, Texas, it suspended him from
work on Saturday and Sunday, August 18 and 19, 1956, thus permitting
him to work only three days in his work week which began on Wednesday, August 15, 1956.
2. Carrier shall now compensate Agent Thompson for the two
days he was required to lose, August 18 and 19, 1956, at straight time
rate of pay.
POSITION OF EMPLOYES:
While the entire Agreement as amended
is relied upon by the Employes to support their claim in this case, they quote
from Supplemental Agreement signed July 28, 1949, effective September 1,
1949, for the convenience and ready reference of the Board, as follows:
"Under date of March 19, 1949, the parties hereto, through their
disignated representatives, became parties to the so-called National
Forty-Hour Week Agreement, effective September 1, 1949. It is hereby
agreed that Agreement requires the following additions, eliminations
and changes in the current Telegraphers' schedule agreement effective
December 1, 1934, and in the Mediation Agreement signed at Chicago
on July 13, 1945, in Case A-2070, and commonly known as the Telegraphers' Rest Day Agreement:"
ARTICLE
4
Guarantees
"Regularly assigned employes covered by this agreement will be
guaranteed a minimum of eight hours pay within each twenty-four
(24) hour period, according to location occupied or to which entitled
when ready for service and not used, or if required on duty less than
[850]
10517-15
864
Division Superintendent Hazlewood denied Agent Thompson's claim for
eight hours at straight time rate of pay for each of these days, Saturday,
August 18 and Sunday, August 19, 1956. hence this appeal to you.
Yours very truly,
/S/ C. M. Fitzhugh
C. M. Fitzhugh
(General Chairman)
cc - Mr.
w.
G. Hazlewood
OPINION OF BOARD:
The issue arising from this claim may now
be considered as settled by virtue of Awards 6519, 7324, 7319, 8103, 8144, and
9962 (among others).
The aforementioned Awards allow that type of claim made herein, and
we do not believe that the decisions rendered therein are palpably erroneous.
Therefore, the present claim should be approved.
FINDINGS:
The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
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
That the Agreement was violated.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 13th day of April 1962.