Mr. J. S. Stewart Superintendent-Personnel Union Station Indianapolis, Indiana

I have the following subject for discussion at our next regular scheduled meeting which is January 11, 1961.

'Claim of the General Committee of the Order of Railroad Telegraphers on The Pennsylvania Railroad that the Carrier violated the Telegraphers' Agreement on third (3rd) trick, November 24, 1960, when it extended the Block by closing Seymour Block Station and permitted Telegraphers'

During our discussion it was pointed out to you that had claimant been called on this date to perform the five minutes' work in question, he would have been entitled to payment of two (2) hours at the time and one-half rate of pay, as provided in Regulation 4-H-1 and that we were agreeable to allow claimant a two (2) hour payment at the time and one-half rate of pay.

This is to confirm the above offer and upon receipt of your concurrence arrangement for such payment will be made.

In the event the above offer is not agreeable, the claim as outlined in the subject is denied."

The General Chairman, by letter dated February 7, 1962, rejected the proposed offer of settlement as contained in the Manager-Labor Relations' letter of January 8, 1962.

Therefore, so far as Carrier is able to anticipate the basis of this claim, the sole question to be decided by your Honorable Board is whether, under all of the circumstances here present, Claimant D. H. Colglazier is entitled to be paid an additional eight hours at his regular straight time rate of pay for November 24, 1960.

(Exhibits not reproduced.)

OPINION OF BOARD: Claimant, D. H. Colglazier, held a regular position as Relief Block Operator at Seymour, Indiana. He was given sixteen (16) hours' notice, in accordance with the Agreement, that Seymour Block Station would be closed Thanksgiving Day, November 24, 1960, a legal holiday. It was necessary because of operating conditions to permit an engineer on Extra 9867 north to copy a Train Order at a closed block station at Seymour, an employe not covered by the Telegraphers' Agreement.

It is contended by Claimant that when the Carrier permitted an employe not under the Telegraphers' Agreement to copy a train order that automatically rescinded the order to close Seymour Block Station on November 24, 1960, that since Claimant was available for the work he was entitled to be compensated eight (8) hours' pay at the punitive rate in addition to the eight (8) hours' pay already received, since Seymour Block Station was scheduled to work on holidays.

Carrier concedes that the Agreement was violated when it assigned an engineer outside of the Agreement to copy the train order, but insists that all Claimant is entitled to is a call with two hours' pay at the time and a half rate in addition to the eight (8) hours' holiday pay which he had already been paid; that the Carrier had a right to blank a position on a holiday if proper notice has been given; that the recovery would have been the minimum rate provided if he was properly called.

There appearing to be no question but that a proper notice was served in compliance with the Agreement, Carrier had the right to blank the work, though Carrier had no right to assign this work to an employe not under the Telegraphers' Agreement.

Claimant's recovery, however, is limited to a call to be paid for at the rate of time and one-half, with a minimum of two hours as provided for in the agreement.

That the parties waived oral hearing;

That the Agreement has been violated.

AWARD

Claim allowed in accordance with the Opinion.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of THIRD DIVISION

ATTEST: S. H. Schulty

Executive Secretary