NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

(SUPPLEMENTAL)




PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,


STATEMENT OF CLA IM: Claim of the System Committee of the Brotherhood (GL-6192) that:




EMPLOYES' STATEMENT OF FACTS: On the date involved in this claim there were three shifts of five regularly assigned Yard Clerks working around the clock twenty-four hours per day, seven days a week at the Carrier's Jeffery Avenue yard car handling facility, specifically, Positions 176 and 177 with assigned hours of 8 A. M. to 4 P. M.; 166 with assigned hours 4 P. M. to 12 Midnight and Position 168 and 171 working 11:59 P.M. to 1:59 A. M. All had assigned duties as generally described in Bulletin No. 14. Employes' Exhibit No. 1.


The Yard Clerk's positions are identical on the three shifts and are covered, by the same bulletin covering yard clerk positions. The work involved is of a type reserved to the Yard Clerks as a class, and not to any incumbent of a particular position.


The employes assigned each shift on Yard Clerk positions November 25, 1965 are as follows:


Position
No. Incumbent Seniority Date Assigned Hours
176 B. Shaughness,q November 6, 1925 7;59 A. M. to 3:59 P. M.
177 M. A. Steed November 2, 1928 7:59 A. M. to 3:59 P. 11L
166 D. Williamson March 12, 1956 3:59 P. M. to 11:59 P. M.
168 L. Warfield December 26, 1956 11:59 P. M. to 7:59 A. M.



In working overtime before or after assigned hours employes regularly assigned to class of work for which overtime is necessary

. shall be given preference; the same principle shall apply in working




a. Except as otherwise provided in Rule 47, employes notified or called to perform work before or after but not continuous with their regular work peri,xl, shall be allowed a minimum of three (3) hours pay for two (2) hours work or less, and if held for duty in excess of two (2) hours, time and one-half will be allowed on the actual minute basis.


b. An employe notified or called to perform work on one or both of his assigned rest days or any of the holidays specified in Rule 51, shall be paid a minimum of eight (8) hours at the rate of time and one-half for such service.







OPINION OF BOARD: Claimant, the incumbent of Position No. 176, hours 7:59 A. M. to 3:59 T. M.; was advised his position would be blanked on November 25, 1965, a legal holiday. On the date in question the incumbent of Position No. 173, assigned and working 11:59 P. M, to 7:59 A. M. on 11-24 to 11-25-65, worked over on the morning of the 25th until 10:00 A. M.


Claim was filed alleging that Claimant was entitled to be used on overtime work in preference b) the regular incumbent of Position No. 173. The Employes cite Rules 38, 4;,, 46, and 52 in support of their position however, specifically urge that Rule 38(j) is controlling. It reads as follows:




Where work is revluired by the carrier to be performed on a day which is not a part of any assignment, it may be performed by an available extra or unassigned employe who will otherwise not have forty (40) hours of work that week; in all other cases by the regular employe."


Carrier asserts that no violation of the Agreement occurred as it applied and conformed to the controlling rule, Rule 45 - Overtime, which reads as follows:



16256 3

Carrier also question:; the propriety of the Employes handling of the claim on the property is being a different claim now before the Board than that which was handled on the property and requests a dismissal award. Upon examination of the record, though there is an error in the position number as set forth in Petitioner's letter of intent to the Board, the record does show that on the property the correct position number was shown. We do not believe that Carrier has been misled or its rights prejudiced as to the issue or claim submitted to it by the Employes, therefore, the claim will be considered here.


Under the circumstances and rules involved in this dispute, Claimant had the right, as the regular employe assigned to the first trick, to the work which occurred within the first two hours of his regular assignment. Claimant would have performed this work had not his trick been blanked due to holiday.


Carrier insists that the regular third trick Clerk who is on duty is given preference to work overtime, when the work involved grew out of his tour of duty. Carrier's argument was answered by the Board in Award 4775 (Stone):




Since work eras required for this period, the rules in our opinion are not in conflict but provide that the regularly assigned Employe should be used. Claimant so assigned was entitled to be called.


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 respectively Carrier and EmpleyES 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








Dated at Chicago, Illinois, this 26th day of April 1968.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
16256 4