THIRD DIVISION
(Supplemental)
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5968) that:
EMPLOYES' STATEMENT OF FACTS: Employe R. E. Lehman is the regularly assigned occupant of Yard Clerk Position 1408 at St. Paul, Minnesota. His hours and days of assignment are 7 A. M. to 3 P. M., Monday through Friday, with Saturday and Sunday rest days.
Position 1408 is a 7-day position with relief provided by Relief Yard Clerk Position No. 3 on the. Saturday and Sunday rest days.
On Sunday, February 28, 1965, which was bath one of employe Lehman's assigned rest days and his birthday holiday, Carrier called and used him to fill Yard Clerk Position 1408.
Employe Lehman was allowed 8 hours at the pro rata rate for his birthday holiday and 8 hours' pay at the penalty rate for working Position 1408 on the birthday holiday.
Claim for an additional 8 hours at the penalty rate of Position 1408 was submitted by employe Lehman and was declined in turn by Mr. J. G. Messicci, General Car Supervisor, to whom the claim was submitted in the first instance, and by Mr. N. H. McKegney, Superintendent, and Mr. S. W.
Amour, Assistant to Vice President, to whom the claim was submitted on appeal.
Discussion of the claim during conference on February 4, 1966 produced no settlement.
CARRIER'S STATEMENT OF FACTS: Claimant R. E. Lehman is the regularly assigned occupant of Yard Clerk Position No. 1408 at St. Paul, Minnesota, which is assigned from 7:00 A. M. to 3:00 P. M., Monday through Friday with Saturday and Sunday rest days.
On Sunday, February 28, 1965, one of claimant Lehman's rest days, and also his birthday, the Carrier found it necessary to have claimant Lehman work his regularly assigned Position 1408 during his regularly assigned hours, Le, 7:00 A. M. to 3:00 P. M. For such service on his rest day claimant Lehman was properly paid 8 hours at the time and one-half rate for working such day, i.e., Sunday, February 28, 1965, in accordance with schedule rules and a recognized past practice of long standing.
In addition to the compensation allowed claimant Lehman for working his rest day on Sunday, February 28, 1965, i.e., 8 hours at the time and onehalf rate, he also qualified for and was allowed 8 hours at the straight time rate for Sunday, February 28, 1965 account that day being his birthday.
Attached hereto as Carrier's Exhibit A is a copy of letter written by Mr. S. W. Amour, Assistant to Vice President, to Mr. H. C. Hopper, Acting General Chairman, under date of August 25, 1965.
OPINION OF BOARD: Claimant was regularly assigned as Yard Clerk to work Monday through Friday and observe rest days of Saturday and Sunday. Claimant was required to work the assignment on Sunday, February 28, 1965, which was both Claimant's assigned rest day and his birthday.
Claimant was paid eight hours at the pro rata rate for his February 28 birthday and eight hours' pay at the time and one-half rate for working. Claimant seeks an additional eight hours' pay at the time and one-half rate.
The issues involved in this dispute are the same as those involved in several recent awards of this Board, such as Award Nos. 16153, 16101, 15892, 15875, 15764, 15440 and 153EI8, which sustained the claims. Accordingly, the instant claim will be sustained.
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 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; an/