NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(SUPPLEMENTAL)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: Claimant Louis Greco has established and holds seniority as a truck driver on the Camas Prairie Railroad. At the time of this dispute he was the regularly assigned (by bulletin) truck driver on Section .#4 with headquarters at East Lewiston, Idaho. He was assigned a work week extending from Monday through Friday (Saturdays and Sundays were rest days).
On Sunday, August 1, 1965, instead of calling and using the claimant, the Carrier called and used Assistant Foreman Tony Greco to drive the truck used to haul five (5) sectionmen, tools and fire fighting equipment to a fire near Arrow, Idaho. Assistant Foreman Greco departed from East Lewiston at 2:30 A. M. and returned thereto at 6:00 A. M.
The claimant was available, willing and fully qualified to have performed the work of his position had he been called and given an opportunity to do so.
CARRIER'S STATEMENT OF FACTS: A section crew is assigned to work with headquarters at Lewiston. The complement of this section crew usually consists of:
Tony Greco is assigned to the position of assistant section foreman and Louis Greco is assigned to the position of truck driver.
This section crew is assigned to work from 7:00 A. M. to 3:30 P. M., Monday through Friday.
A highway truck of approximately one and one-half ton capacity is assigned to this section crew.
A six-man crew cab pickup truck is also stationed at Lewiston. This truck is used by various departments in transporting employes to outlying points.
On Sunday, August 1, 1965, a fire occurred near Arrow, approximately fourteen miles distant from Lewiston. Assistant Section Foreman Tony Greco and five sectionmen were called in connection with the fire at Arrow,, departing from Lewiston at 2:30 A.M. and going off duty at 6:00 A. M. on August 1, 1965. Assistant Section Foreman Tony Greco operated the six-man crew cab pickup truck in transporting the five sectionmen from Lewiston to Arrow and return.
Claim has been presented in behalf of Louis Greco for payment of three hours and thirty minutes at time and one-half rate on August 1, 1965 because of not being used to opearte the crew cab pickup truck in transporting the seetionmen from Lewiston to Arrow and return, which claim has been declined.
OPINION OF BOARD: Claimant, who has a Monday-to-,Friday workweek, holds seniority as a truck driver. On Sunday, August 1, 1965, one of Claimant's rest days, Carrier called Assistant Foreman, Tony Greco, to drive a pickup truck transporting five seetionmen and equipment to a fire.
No effort was made by Carrier to call Claimant. The Employes contend that under Rule 34(g), "Work on Unassigned Days," Claimant should have been called, since he was the "regular employe" assigned to truck driving.
Carrier asserts that Claimant is not the only employe assigned to truck driving, and that the pickup truck used on August 1 is used by all departments.
However, as between Claimant and the Assistant Foreman, Claimant performed this work during his regular work week, while there is no evidence that ,the Assistant Foreman ever did. Pursuant to Rule 34(g), therefore, Claimant should have been called in on his rest day.
This holding is distinguishable from that in Award 14305, cited by Carrier, because in that case the Foreman involved did drive a truck which was regularly assigned to him. We are not called upon in this case to decide whether the work is exclusively Claimant's or anyone else's. Once we have found that Claimant is a regularly assigned truck driver, holding seniority in that position, and the Assistant Foreman has not been shown to have driven a truck, the claim must be sustained on that ground alone.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employe 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