TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
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 otherwise amended.
At the time cause for this claim arose, Mr. C. P. Stout, claimant, was regularly assigned as second trick telegrapher-leverman at Forrest, Illinois, with assigned hours of 3:00 P. M. to 11:00 P. M. He occupied a seven-day position with a work week of Tuesday through Saturday, with rest days of Sunday and Monday.
On Monday, September 5, 1960, a holiday and Mr. Stout's rest day, he was required to perform service at Saunemin, Illinois. He commenced work at 1:00 P. M. and completed service at 11:00 P. M. Mr. Stout was paid ten hours at time and one-half rate.
Carrier has not designated whether such payment was made in compliance with the Service on Rest Day Rule (Rule 7, Section 2(b)) or Work on Holiday Rule (Rule 7, Section 4). Claim has been made for payment under the provisions of both rules, less amount already paid.
The dispute here appealed has been handled on the property in the usual manner to the highest officer designated by Carrier to handle such disputes and failed of adjustment.
In letter to the Superintendent dated October 25, 1960, the District Chairman of the Order of Railroad Telegraphers presented the following claim on behalf of Telegrapher Stout:
'The Superintendent in letter dated November 15, 1960, advised the District Chairman as follows:
A copy of the exchange in correspondence between the representatives of the parties in connection with the alleged dispute described in the Employes' ex parte Statement of Claim is attached hereto and made a part hereof, marked Carrier's Exhibit A.
OPINION OF BOARD: The question which is involved in this claim has been presented to the Board on several previous occasions.
The Organization contends that the following sustaining awards are controlling: 10541, 10679, 11454, 11899, 12453, 12471, 14138, 14889, 14528, 14977, 14978, 15000 and 15052.
The Carrier contends that we should follow Award 14240 and Award No. 23 of Special Board of Adjustment No. 564.
We are of the opinion that the principle of stare decisis compels us to follow the authority of the decided cases as cited by the Organization herein.
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;