THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Atchison, Topeka & Santa Fe Railway Company; that
EMPLOYES' STATEMENT OF FACTS: An Agreement between the parties bearing effective date of June 1, 1951 is in evidence.
N. L. Bacastow occupied a rest day relief position in Carrier's relay telegraph office at Arkansas City, Kansas, with an assignment as follows:
She was required to work on her rest days, Friday, July 1, 1955, and Thursday, July 7, 1955, from 12:00 noon to 8:00 P. M. and was allowed eight hours' pay at the time and one-half rate. Claim was filed in her behalf for an additional payment equivalent to four hours' pay at the time and one-half rate for each of the days involved. Claim was subsequently appealed to the highest officer designated by the Carrier to handle such disputes and was denied.
As also previously shown herein, the claimants Bacastow and Hunter were paid eight hours at the time and one-half rate for service performed on the rest days involved in this dispute, and no additional payment is due them.
In conclusion, the Carrier reiterates that neither the Agreement rules cited by the Employes nor others support their claim in the instant dispute, and respectfully requests that the claim be denied.
The Carrier is uninformed as to the argument the Employes will advance in their ex parte submission, and accordingly reserves the right to submit such additional facts, evidence and argument as it may conclude are necessary in reply to the Organization's ex parts submission or any subsequent oral arguments or briefs submitted by the petitioning Organization in this dispute.
All that is contained herein is either known or available to the Employes or their representatives.
OPINION OF BOARD: ,The issue in this case is whether a distinction is to be made between a regular assignment and a regular relief assignment in applying the provisions of the Agreement pertaining to Overtime pay (Article III, Section 3) for Service on Rest Days (Article III, Sections 20-a, 20-b, 20-d).
Carrier argues that an employe occupying a regular relief assignment, does not come within the purview of the cited Articles. An analysis of the Articles does not support this proposition. Each Section of the pertinent Articles uses the word "employes" without qualification. The repetitious use of the term is convincingly persuasive that "employes" on regular relief assignments are not to be less favorably treated than those holding regular assignments. The fact that the latter have the same hours of employment on each workday while the former have different, but regularly assigned, hours of work on days of their workweek, does not affect the application of the cited Articles. For Article III, Section 20-a states: "This rule is for the sole purpose of determining the compensation for employes who are required to work on their assigned rest days. . . :' (Emphasis ours.)
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