BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6243) that:
EMPLOYES' STATEMENT OF FACTS: C. R. Lewis is regularly assigned to the position of Clerk, Watkins Yard, Columbus, Ohio, 11:30 P. M. to 7:30 A. M., Friday through Tuesday, rest days, Wednesday and Thursday, rate of pay $485.26 per month.
Claimant worked his regular assignment from 11:30 P. M., Sunday, July 4, 1965 to 7:30 A. M., Monday, July 5, 1965. For this service he was allowed eight hours' pay at the applicable pro rata rate. Further on Monday, July 5, 1965, a day observed as a legal holiday under the provisions of Rule 41 of the applicable Agreement, he was used by the Carrier to fill a vacancy on a regular Watkins Yard assignment from 7:30 A. M. to 3:30 P. M. For this service he was allowed eight hours' pay at the applicable time and one-half rate. He also worked his regular assignment beginning 11:30 P. M., Monday, July 5, 1965 and ending 7:30 A. M., Tuesday, July 6, 1965. For this service be was allowed eight hours' pay at the applicable time and one-half rate for work performed on a legal holiday (Employes' Exhibit A).
Claim that Clerk C. R. Lewis should be paid an additional eight hours' pay at the applicable time and one-half rate for service performed on July 5,
On September 6, 1965, J. J. Parsley, the other claimant in this case, was in this Carrier's employ at its Yard Office at Joyce Avenue, Columbus, Ohio. At that time, he held regular assignment as Interchange Clerk, a monthly rated clerical position subject to above mentioned Clerks' Agreement of January 1, 1965. In such capacity, claimant Parsley was assigned to work from 6:00 P. M. to 2:00 A. M., Sunday through Thursday, rest days Friday and Saturday, rate of pay $495.60 per month.
On Labor Day holiday, Monday, September 6, 1965, Claimant Parsley was called and used on the basis of his seniority to fill a vacancy scheduled to work from 7:30 A. M. to 3:30 P. M., rate of pay $503.85 per month. He was also used to fill his own regular assignment commencing work at 6:00 P. M. on that date. Claimant Parsley was compensated at the time and one-half rate for the service which he performed from 7:30 A. M. to 3:30 P. M. on September 6, 1965, and he was compensated at the time and one-half rate for the service which he performed from 6:00 P. M., September 6, 1965, to 2:00 A. M. on September 7, 1965.
OPINION OF BOARD: July 4, 1965, fell on a Sunday and :Monday, July 5, was observed as the holiday. Claimant Lewis held a regular assignment as clerk at Carrier's Watkins Yard, Columbus, Ohio, a monthly rated position, with hours 11:30 P. M. to 7:30 A. M., and work week of Friday through Tuesday.
Claimant Lewis worked his regular assignment 11:30 P. M., July 4, 1965_ to 7:30 A. M., July 5, for which he was paid eight hours at pro rata rate. On the basis of his seniority, he was used to fill a vacancy scheduled to work 7:30 A. M. to 3:30 P. M., July 5, for which he was paid at time and one-half rate. He was used on his regular assignment 11:30 P. M., July 5, to 7:30 A. M., July 6, for which he was paid eight hours at time and one-half rate. The claim is that he is due compensation for an additional eight hours at time and one-half rate.
Claimant Parsley held a regular assignment as clerk at Carrier's Joyce Avenue Transfer Office, Columbus, Ohio, a monthly rated position, with hours 6:00 P. M. to 2:00 A. M., and work week of Sunday through Thursday. Labor Day was September 6, 1965. Parsley worked his regular assignment 6:00 P. M., Sunday, September 5, to 2:00 A. M., Monday, September 6, 1965, plus one and one-half hours' overtime from 2:00 A. M. to 3:30 A. M. For this service he was allowed eight hours pro rata pay and one hour and thirty minutes' pay at time and one-half rate. He was called and used on the basis of his seniority to fill a vacancy scheduled to work from 7:30 A. M. to 3:30 P. M., September 6, 1965, for which he was allowed eight hours at time and one-half rate. He was also used on his regular assignment, 6:00 P. M., September 6, to 2:OO A. M., September 7, for which he was compensated for eight hours at time and one-half rate. The claim is that he also is due compensation for an additional eight hours at time and one-half rate.
A careful review of the entire record and the rules cited by Petitioner fails to support the claims of Lewis and Parsley for an additional eight hours' pay each at the time and one-half rate. The claims herein are clearly distinguishable from those covered by Award 10541 and similar Awards relied upon by the Petitioner. The claim will be denied.
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; and