AD
s,e Award No. 16612
Docket No. CL-17189
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John H. Dorsey, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
AMERICAN REFRIGERATOR TRANSIT COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood (GL 6315) that:
1. Company violated the Clerks' Agreement at Kansas City,
Missouri, on Wednesday, December 7, 1966, when it did not permit
Perishable Inspector L. W. Pierce to work his own position, 3 P. M.
to 11 P. M., on his rest day, for which he would have been compensated at the time and one-half rate; instead, it moved an employe
regularly assigned to work position of Perishable Inspector, 7 A. M.
to 3 P. M., to that vacancy, in violation of Rules 8, 14, 16, and 17 of
the Clerks' Agreement.
2. Company shall be required to compensate Perishable Inspector
L. W. Pierce for eight hours at punitive rate, amount $33.96, for
Wednesday, December 7, 1966.
EMPLOYES' STATEMENT OF FACTS: On and prior to December 3,
1966, the forces employed by the Company at Kansas City (including one job
at Omaha) subject to the scope and operation of the Clerks' Agreement,
included the following:
Position, Name of Occupant, No. Days
And Seniority Date On The Per Week
Central District Seniority Daily Hours of Meal Position
Roster Rate Assignment Per. WorksRest Days
Diversion &
General Clerk
E. H. Hamner 6-16-1943 $23.11 8:30AM- 12:30PM 7Sat&Sun
5:30PM -1:30PM
Lead Inspector
J. H. Violett 7-27-1934 23.11 7AM-3PM 20 min. 7Sun&Mon
Inspector
L. W. Pierce 7-19-1944 22.64 3PM-11PM 20 min. 7 Wed&Thur
Dear Mr. Lupton:
Referring to conference held in my office this morning, in connection with claim of Perishable Inspector L. W. Pierce, Kansas City,
Missouri for eight hours at punitive rate for Wednesday, December 7, 1966, when he was not permitted to work as inspector on
his own position on his rest day when the regularly assigned man
was absent.
Our position, as stated to you in conference, is that the man
who was actually used to fill the vacancy was assigned to the position of Relief Inspector No. 3, which position worked four days
per week to relieve regular assigned positions and on the fifth day
he was assigned as a Utility Inspector working with and assisting
a regular assigned inspector. He was a Utility Inspector for that
day (Wednesday, December 7, 1966) and as such was subject to
that part of Rule 8 pertaining to emergencies when due to sickness or absence of a regularly assigned employe.
In view of our position, and as stated to you in conference,
claim is respectfully declined.
Yours truly,
/s/ Thos. E. Fox"
10. Claim was progressed in the proper manner on the property and
is properly before the Board.
OPINION OF BOARD: On and prior to December 3, 1966, the forces
employed by Carrier at Kansas City and one job at Omaha subject to the
scope of Clerks' Agreement, included the following:
Position, Name of Occupant, No. Days
And Seniority Date On The Per Week
Central District Seniority Daily Hours of
Meal Position
Roster Rate Assignment Per. Works Rest Days
k # N # k
Lead
Inspector
J. H. Violett 7-27-1934 23.11 7AM-3PM 20 min. 7 Sun&Mon
Inspector
L. W. Pierce 7-19-1944 22.64 3PM-11PM 20 min. 7 Wed&Thurs
x z s :aa
Relief
Inspector
Number 2
P. H. Griffin 9-13-43 various, as 5 Fri&Sat
shown below
Sun (only) Lead Inspector 7AM-3PM
Mon&Tues Inspector 5AM-1PM
Wed&Thur Inspector 3PM-11PM
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Position, Name of Occupant, No.
Days
And Seniority Date On The Per Week
Central District Seniority Daily Hours of Meal Position
Roster Rate Assignment Per. Works Rest Days
Relief
Inspector
Number 3
H. F. Grieb 5-4-1964 various, as 5 Thurs&Fri
shown below
Sat&Sun Inspector (Omaha) 24 hour assignment
Mon&Tues Inspector 3PM-lIPM
Wed (only) Inspector 7AM-3PM
Vacation
Relief
Clerk
J. A. Ripley 6-1-1966"
Lead Inspector Violett retired effective December 4, 1966. The rest days
of the position, Sunday, December 4 and Monday, December 5, were worked
on the 4th by Relief Inspector
No.
2, P. H. Griffin; and, on the 5th by
Relief Inspector No. 1, J. B. Carter.
On Tuesday, December 6, Relief Inspector
No.
2, Griffin, moved into the
vacancy on the Lead Inspector position created by Violett's retirement. This
left Griffin's Relief Inspector
No.
2 position vacant, the incumbent of which
position was assigned to relieve Inspector L. W. Pierce, Claimant herein,
on Wednesday, December 7, hours 3:00 to 11:00 P. M. There were no furloughed or extra employes available for assignment as rest day relief on
Pierce's Inspector position on that day. Carrier assigned Vacation Relief
Clerk J. A, Ripley, who was assigned to vacation relief of H. F. Grieb,
Relief Inspector
No.
3, to work the rest day of Pierce's position and blanked
the Relief Inspector No. 3 Position on that day which had assigned hours of
7:00 A. M. to 3:00 P. M.
Clerks contend that Ripley, in his relief of Grieb, had assigned hours of
7:00 A. M. to 3:00 P. M. on Wednesday, December 7. Therefore, when Carrier assigned him to work, instead, the hours from 3:00 P, M. to 11:00 P. M.
on that date it suspended him from his assigned hours to avoid payment of
overtime which otherwise would have accrued to Claimant had he been
assigned to work his position on the rest day in the absence of an available
furloughed or extra employe.
The following admission by Carrier, in a letter to the Local Chairman
dated January 26, 1967, is dispositive of the issue in this case.
"Mr. J. A. Ripley was working the Relief Inspector No. 3 position, which is assigned to relieve four days a week on regular established positions. On the fifth day he is an Utility Inspector to comply with the 40-hour week guarantee and must have assigned hours
on this day to comply with the Agreement" (Emphasis ours.)
We will sustain the Claim,
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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 Carrier violated the Agreement.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 27th day of September 1968.
Keenan Printing Co., Chicago, 111 Printed in U.S.A.
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