NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(SUPPLEMENTAL)
TRANSPORTATION-COMMUNICATION EMPLOYES UNION
(FORMERLY THE ORDER OF RAILROAD TELEGRAPHERS)
NEW YORK CENTRAL RAILROAD-SOUTHERN DISTRICTSTATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the New York Central Railroad (Southern District), that:
EMPLOYES, STATEMENT OF FACTS: Extra Operator R. L. Wethington was assigned to the first shift position at "IJ" Tower, Indianapolis. The Carrier improperly assigned Extra Operator Wethington to work the first shift position chief dispatcher's office at "MI" on October 27, 1963. Claim was made in behalf of M. R. Williams who was entitled to perform the work at "MI" Tower on October 27.
The only dispute that arose in connection with this claim is that the Carrier acknowledged that there had been a violation of the Agreement in not assigning Mr. Williams to perform the work on Sunday, October 27, but offered to pay only eight hours at the pro rata rate. The Employes believe that the Agreement entitles the claimant Williams to the payment of eight hours at time and one-half rate and refused to accept the settlement on the pro rata basis. Claim is now properly before your Board for final adjudication.
CARRIER'S STATEMENT OF FACTS: There is in effect an Agreement between the parties to this dispute dated February 1, 1962, a copy of which is on file with your Board, and by this reference is made a part hereof.
In 'the Chief Dispatcher's office at Indianapolis, Indiana, Carrier maintains 7-day, 'L.4-hour Car Distributor-Clerk service designated as "MI". M. R. Williams, claimant in this case, was assigned to the 11:00 P. M.-7:00 A. Al. trick with Saturday and Sunday as relief days.
On Sunday, October 27, 1963, the operator assigned to work the first trick relief was unable to report, and the extra operator standing for this vacancy, H. A. Aliens, was not qualified to work this position. To provide protection, R. L. Wethington, who was working a first trick vacancy at "IJ", Indianapolis, Indiana, and was qualified to work at "MI", was diverted and Operator Ahaus worked the first trick at "IJ".
Claimant Williams, who was an his rest day, contended that, in the absence of an extra man, he should have been called for this vacancy, as the senior available man assigned at the point.
Upon appeal of the claim to the level of the undersigned, Carrier offered to settle the claim on the basis of pro rata rate, but this offer was rejected by the Organdza:ion.
OPINION OF BOARD: During handling of the claim on the property the Carrier admitted that Claimant was entitled to be used on his rest day to fill a temporary vacancy. The sole question presented to the Division is whether payment is to be made at the time and one-half rate as claimed or the straight time rate as offered by the Carrier.
While there are no awards pro and con on the issue, it is our view that Claimant, who was on his rest day, is entitled to the time and one-half rate of pay which is what he would have earned if he had worked. (Awards 13738-Dorsey and 15048-Mcsigh). Accordingly, the claim will be sustained.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the eiidence, finds and holds: That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes witl in 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 That the Agreement was violated.