Award No. 12038
Docket No. TE-10333
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Michael J. Stack, Jr.,
Referee
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
SOUTHERN RAILWAY COMPANY
STATEMENT
OF CLAIM: Claim of the General Committee of The
Order of Railroad Telegraphers on the Southern Railway, that:
1. Carrier violated the Telegraphers' Agreement when it required
W. H. Butler, regular assigned relief Clerk-Telegrapher, to suspend
work during the regular hours on his assigned position, Princeton,
Indiana, February 3, 4, and 5, 1957, and work the third shift position,
Princeton Indiana.
2. Carrier shall compensate W. H. Butler the difference between
the pro rata rate he was paid and the time and one-half rate of pay
to which he was entitled, February 3, 4, and 5, 1957, when he was required to work the third shift position outside his regular assigned
hours at Princeton, Indiana.
EMPLOYES' STATEMENT OF FACTS: Claimant W. H. Butler is the
regular assigned rest day relief clerk-telegrapher at Princeton, Indiana. His,
relief assignment with assigned hours is programmed as follows:
First shift Sunday 8:00 A. M. to 4:00 P. M.
Second shift Monday and Tuesday 4:00 P. M. to 12:00 M. N.
Third shift Wednesday and Thursday 12:00 M.N. to 8:00 A. M.
Rest days Friday and Saturday.
Mr. R. M. Flaherty is the regular assigned third shift
clerk-telegrapher
at Princeton, Indiana. His assigned work week begins on Friday with rest
days of Wednesday and Thursday. His assigned hours are 12:00 midnight
to 8:00 A. M.
On Sunday, February 3, Monday, February 4, and Tuesday, February 5,
1957, clerk-telegrapher Flaherty was off, due to illness. Claimant Butler was
removed from his position as relief clerk-telegrapher and required to work
the third shift clerk-telegrapher position at Princeton, Indiana. On each date
[713]
12038-14
726
OPINION OF BOARD:
This case is the same in all material respects
as in Docket No. TE-10302, Award No. 11970. We adopt the opinion therein
as determinative of the issues in this case.
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
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 19th day of December 1963.