THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: On March 12 and 13, 1959 the claimant, who has established and holds seniority in the Bridge and Building Sub-department, was assigned to and required to perform the usual and traditional duties of a Bridge and Building Helper at Pen Argyl, Pennsylvania.
Specifically, the B&B Helper's duties performed by the claimant consisted of checking the stoker fired stationary heating plants in the boilerhouse and M. of Way shop at Pen Argyl, servicing maintenance of way trucks, i.e., replenishing the gas and oil, fitting radiators and changing tires if necessary.
The Carrier instead of compensating the claimant at the B&B Helper's rate compensated him for such service at the B&B Laborer's rate of pay.
Consequently, the subject claim was presented and handled in the usual and customary manner on the property, but was declined at all stages of the appeals procedure.
The Agreement in effect between the two parties to this dispute dated December 1, 1942, together with supplements, amendments, and interpretations thereto is by reference made a part of this Statement of Facts.
OPINION OF BOARD: The record reveals that the Claimant a B&B Helper was assigned for two days March 12 and 13, 1959 to work in the place of a B&B Laborer who was ill. The Claimant was paid the laborer's rate of pay and contends according to Rule 7(u) that he should be paid the helper's rate of pay. Rule 7(u) in its pertinent parts reads as follows:
Thus we are of the opinion that the contention of the Claimant is supported by the record and Rule 7(u).
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 violated. That the Claimant should be paid the difference in pay between the helper's rate and laborer's rate for two days March 12 and 13, 1959.