THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Wabash Railroad, that:
EMPLOYES' STATEMENT OF FACTS: There is in evidence an Agreement by and between the parties to this dispute effective September 1, 1955, and as amended.
C. L. Wolfe, claimant, as the regularly assigned occupant of the first shift telegrapher's position at Hartman, Indiana, had a work week of Tuesday through Saturday, Sunday and Monday rest days.
On or about November 19, 1958, the Carrier advised the Claimant that effective November 21, 1958, his rest days would be changed from Sunday and Monday to Saturday and Sunday.
In the transitional work week during which his rest days were changed, the Claimant worked as follows:
or in Rule 5, paragraph (d), which are the only provisions of the agreement cited by the Employes.
OPINION OF BOARD: Claimant was a regularly assigned telegrapher at Hartman, Indiana. He was scheduled to work from 6:30 A. M. to 2:30 P. M., Tuesday through Saturday, with rest days Sunday and Monday. On November 16, 1958, Carrier notified Claimant that effective at 2:59 P. M. on November 21, 1958, his rest days would be Saturday and Sunday. Claimant worked Tuesday through Friday, November 18 through 21. Carrier suspended the Claimant from work on Saturday, November 22, 1958.
Claimant is seeking eight hours' straight time pay for Saturday, November 22, 1958, because that day was part of his old workweek.
Carrier contends that Saturday, November 22, was part of Claimant's new workweek and, as such, was his rest day.
This issue has been before this Board on numerous occasions. It is a well established principle that an employe is entitled to be compensated for work which the Carrier caused him to lose because Carrier changed his rest days. See Award 5129, 7324, 8103, 8144, 8145, 8868, 10289, 10517, 10875, 11460, 11474, 11990, 11991 and 11992, among others.
FINDINGS: The Third Division of the Adjustment Board, 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