THIRD DIVISION
(Supplemental)
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6038) that:
EMPLOYES' STATEMENT OF FACTS: On May 31, 1965, the Memorial Day Holiday, which is one of the designated holidays covered by the Clerks' Agreement, and also Mail Handler Clauch's regularly assigned rest day, Mail Handler Glauch was registered for holiday and rest day work in accordance with the effective Overtime Agreement.
On May 31, 1965, the Memorial Day Holiday, B. E. Miller, an unassigned Mail Handler was used to perform mail handler duties. Mail Handler Glauch who was observing his regularly assigned rest day, was available, but was not called in to work.
CARRIER'S STATEMENT OF FACTS: Claimant S. R. Glauch is a regularly assigned mail handler with the Chicago Union Station Company and on Monday, May 31, 1965, the Memorial Day Holiday, Claimant Clauch was off on his rest day. Due to the fact that May 31, 1965 was claimant's rest day and a Holiday, Mail Handler B. E. Miller was assigned to work as it was not his day off and he had registered for holiday work. The Organization claims two days' pay at the overtime or penalty rate for May 31, 1965, basing the claim on Rules 45 and 39. Each will be quoted later in this submission.
The instant claim was presented to the Union Station Company under letter dated July 20, 1965 (Carrier's Exhibit No. 1) and denied by letter dated August 11 1965 (Carrier's Exhibit No. 2). The claim was then appealed to the General Manager of the Chicago Union Station Company by letter dated October 1, 1965 (Carrier's Exhibit No. 3) and denied by him on November 24, 1965 (Carrier's Exhibit No. 4).
Claimant Glauch was assigned to a zone, and he exercised his right under Paragraph 3, of the Memorandum Agreement by asserting his desire to work overtime within his zone.
The Agreement indicates that employes desiring to work overtimewhether daily, on a holiday or a rest day-within their own zone must file a written notice with their foreman indicating such desire.
It is the Organization's position that "only employes who are regularly assigned to zones and who have regularly assigned days of rest may register for and perform work after eight hours on any day, on holidays or on regularly assigned rest days."
Claimant Glauch was regularly assigned to a zone and he should have been used.
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 respec tively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;