THIRD DIVISION
(Supplemental)
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
1. Carrier violated Agreement when it failed and refused to pay Extra Operator G. M. Cone the correct amount for service performed at Byron, Georgia, on October 13, 1960.
2. The Carrier shall compensate G. M. Cone for the difference between eight (8) hours at the straight time rate and eight (8) hours at the time and one-half rate for service performed at Byron, Georgia, on October 13, 1960.
2. The Carrier shall compensate G. M. Cone for eight (8) hours at time and one-half at the Terra Cotta rate for work not performed by him by such suspension.
The only way the claim here involved can be sustained would be for the Board to disregard the contract between the parties and make an award imposing upon the Carrier conditions of employment and obligations with respect thereto not agreed upon between the parties by following the processes of the Railway Labor Act. The Board does not have authority to grant rules or amend present rules, and there are so many awards on this point as to obviate a citation of them.
Under all the facts and circumstances related, it is Carrier's position that the Board cannot do other than render a denial award.
OPINION OF BOARD: On or about August 15, 1960, a temporary, vacancy occurred in the relief assignment at Terra Cotta. The vacancy was. created when the regular incumbent was temporarily assigned at Macon Junction. The vacancy at that point was brought about when the incumbent of that position was used temporarily as a train dispatcher. 13860-21 518
Claimant, an extra Telegrapher, was assigned to the temporary vacancy on the relief position. The Board finds that the Claimant, in the workweek beginning October 7, 1960, performed service on October 13th (Thursday), an assigned rest day. The Board further finds that Claimant, although ready and available, was not permitted to work on October 16, 1960 (Sunday), an assigned work day of the relief assignment.
Beginning with Award 6970, it has been the consensus of Board interpretation of this rule, that an extra employe takes the workweek and the rest days of the position he is temporarily filling. The Agreement provides that regular relief assignments are bulletined and filled as any other regular position. Rule 6(m) provides for time and one-half rate, under these circumstances, for service on rest days. Claim No. 1 will be sustained.
Claimant was not displaced from the temporary vacancy. He continued on the assignment after October 13, 1960. There is no Agreement basis for suspending him from work on October 16, 1960, which was a regular assigned work day of the relief position. The fact that he was used on October 13th, a rest day, did not, under the circumstances, have any bearing on his right to work the temporary vacancy to which he has been assigned. It was, therefore, error to use the regular incumbent of the second shift position, instead of Claimant, on this date. However, had Claimant been used, he would have been entitled only to pro-rata rate. Claim No. 2 will be sustained at pro-rata rate.
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 13860-22 519