NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

(Supplemental)

Paul C. Dugan, Referee

STATEMENT OF CLAIM: Claim of the General Committee of the 'Transportation-Communication Employees Union on the Tennessee Central Railway, that:

1. Carrier violated the Agreement between the parties when it failed and refused to compensate W. H. Wiggerman, Agent, Lebanon, Tennessee, for time worked in excess of eight hours, as follows:

July 10, 1964-1 hour; July 20, 1964-45 minutes; August 7, 1964-45 minutes; August 10, 1964-1 hour 30 minutes; August 13, 1964-1 hour 10 minutes; September 9, 19641 hour; September 18, 1964-1 hour 30 minutes; September 22, 1964 -1 hour 15 minutes; October 5, 1964- 1 hour 15 minutes; October 7, 1964-1 hour; October 12, 1964-30 minutes.

2. Carrier shall compensate W. H. Wiggerman at the time and one-half rate for the overtime worked (total 12 hours and 40 minutes).

EMPLOYES' STATEMENT OF FACTS: There is in evidence an Agreement by and between the Tennessee Central Railway Company, hereinafter referred to as Carrier, and its Telegraphers, hereinafter referred to as Employes, effective May 1, 1924, and otherwise amended. Copy of said Agreements are available to your Board, and are by this reference made a part hereof.

At page 17 of said Agreement (Schedule of Wages) are listed the positions in existence at Lebanon, Tennessee, the station involved in this claim, on the effective date of the Agreement. For ready reference listing reads:

"Lebanon, Tennessee -

Agent $178.16 per month

Operator-Clerk .60'/4 per hour

Operator-Clerk .52 per hour

Operator-Clerk .52 per hour"

CARRIER'S STATEMENT OF FACTS: Claimant, agent-operator at Lebanon Tennessee, reported having worked in excess of his assigned hours on the dates of these claims, and turned in on the Check Roll for his station claims for payment at punitive overtime rates which were declined by the Timekeeper.

Both the work and the claims were unauthorized.

Under dates of September 4 and October 21, 1964, claims in his behalf were timely filed and thereafter timely progressed, being declined at each stage of handling on the property.

Correspondence reflecting the handling given is attached hereto marked Carrier's Exhibits Nos. 1 to 11, inclusive.

(Exhibits not reproduced.)

OPINION OF BOARD: The issue and facts in this dispute are similar to the issue and facts in Docket No. 15282, Award 16448, involving the same parties to this dispute, and inasmuch as said Award 16448 is controlling, we will sustain the claim.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing;

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; and

That the Agreement was violated.

AWARD