THIRD DIVISION
(Supplemental)
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
NEW YORK CENTRAL RAILROAD
(Southern District)
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the New York Central (Southern District), that:
EMPLOYES' STATEMENT OF FACTS: Claimant L. C. Zimmerman is the occupant of a regular relief assignment at H. V. Tower, Columbus, Ohio. His regular assigned work week is to protect the first shift position on Saturday and Sunday, the second shift position on Monday and Tuesday and the third shift position on Wednesday. His assigned rest days are Thursday and Friday. After observing his assigned rest day, Thursday, December 6, 1962, the Carrier required him to work the second shift position at H. V. Tower on his rest day, Friday, December 7th, 1962. The Carrier paid him eight hours at time and one-half for the work performed on December 7th. However, because of the work on December 7th during the second shift hours, the Hours of Service Act prohibited his use on the first shift position on December stli between 7:00 A. M. and 3:00 P. M., which were his regular assigned hours and the Carrier has refused to pay him eight hours' pay for his regular assignment on December 8th, 1962.
The claim was appealed to the highest officer designated to handle claims and grievances and declined by him. The claim is now properly before your Board for final adjudication.
CARRIER'S STATEMENT OF FACTS: There is in effect an Agreement between the parties, dated February 1, 1962, copy of which is on file in the
offices of the Third Division, which is applicable to the territory involved herein, and, by this reference, is made a part of this submission.
Operator L. C. Zimmerman, claimant in this case, was the regularlyassigned relief operator at "HV" Tower, Columbus, Ohio, working the first trick on Saturday and Sunday, second trick on Monday and Tuesday, and the third trick on Wednesday, with Thursday and Friday as rest days.
On Friday, December 7, 1962 (second of Mr. Zimmerman's relief days), the regularly-assigned second-trick operator at "HV" Tower laid off sick. There were no extra operators available who had not had forty hours of work during the week. It was, therefore, necessary to call Mr. Zimmerman to work this second-trick vacancy, for which he was paid the punitive rate. Under the Hours of Service Law, this prevented him from working the first day of his work week on the first trick on Saturday, December 8, 1962. The claim progressed here is for that day.
OPINION OF BOARD: The Claimant here was scheduled to work on December 8, 1962. He was the occupant of a regular relief assignment at H. V. Tower. His regular assigned work week is to protect the first trick position on Saturday and Sunday, the second shift position on Monday and Tuesday and the third position on Wednesday. Assigned rest days are Thursday and Friday.
Carrier required him to work the second shift position at H. V. Tower on his rest day, Friday, December 7, 1962. He was paid time and one-half for the work on December 7.
Because he did work, at Carrier's request, on December 7 he was unable, due to the Hours of Service Law, to work his regular first shift assignment on December 8, 1962, between 7:00 A. M. and 3:00 P. M.
Organization contends Carrier should reimburse him for the shift he lost on his own assignment, December 8, 1962, by reason of the Hours of Service Law.
Organization asserts the Claimant was required by the rules to protect the extra work, and he should not, therefore be penalized for fulfilling the obligation.