THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE:

THE NEW YORK, CHICAGO AND ST. LOUIS

RAILROAD COMPANY

(Wheeling and Lake Erie District)


STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on The New York, Chicago and St. Louis (Wheeling and Lake Erie District) Railroad, that:

1. The Carrier violated the parties' Agreement when it failed and refused to compensate N. L. Renneckar, Agent-Telegrapher, Hartland, Ohio, at the time and one-half rate instead of the pro rata rate, for work performed on Friday, May 2 and Saturday, May 3, 1958, rest days of the position occupied, and,




EMPLOYES' STATEMENT OF FACTS: There is in evidence an Agreement by and between the parties to this dispute effective, as to rules, February 1, 1952, and as to rates of pay, February 1, 1951, and as revised.


At page 57 of said Agreement is listed the position covered by the Agreement at Hartland as of the effective date of the Agreement. The listing reads:







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It is plainly evident that the days involved in the instant claim were work days of the claimants' new work weeks. No time and one-half payments are in order.


Since the advent of the five-day work week in 1949 the Carrier has on many occasions changed the rest days of employes under this agreement. Following are a few of such instances picked at random from the files where the change resulted in the employes having to work more than five consecutive days:











No claim for time and one-half was ever made or allowed covering these instances.


Too Carrier has shown that the claim is without merit under the rules and unaer practices in effect since the adoption of the five-day work week. It should therefore be denied.




OPINION OF BOARD: This dispute concerning claims for overtime pay for work performed by Mr. N. L. Renneckar on Friday and Saturday, May 2 and 3, 1958, and by Mr. M. W. Yoder on Sunday and Monday, May 4 and 5, 1958, arose from a change in Claimant's rest days.


The facts are not in dispute. Mr. Renneckar and Mr. Yoder are regularly assigned occupants of the Agent-Telegrapher and second shift Telegrapher's positions, respectively. On Monday, April 28, 1958 Carrier notified these employes that effective May 1, 1958, Mr. Renneckar's rest days were to be changed from Friday and Saturday to Sunday and Monday, and Mr. Yoder's rest days were to be changed from Sunday and Monday to Tuesday and Wednesday. Mr. Renneckar, beginning the week of Sunday, April 27, worked through Saturday, May 3, seven consecutive days. Mr. Yoder, beginning Tuesday, April 29, also worked seven consecutive days through May 5th.


They contend that they were entitled to receive time and one-half pay rate for the 6th and 7th consecutive days they worked, which they allege were their rest days.

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 The issue presented in this dispute has been before the Board on a number of occasions. Awards Nos. 9962, 8868, 9243, 9548, 12600 and 11991 among others, sustained similar claims. We adopt the holding in these awards and, therefore, sustain the claims.

 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.

    Claims sustained.


              NATIONAL RAILROAD ADJUSTMENT BOARD

              By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois, this 24th day of July 1964.