THIRD DIVISION
(Supplemental)
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Employees Union on the Chicago, Milwaukee, St. Paul and Pacific Railroad, that:
EMPLOYES' STATEMENT OF FACTS: An Agreement between the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, hereinafter referred to as Carrier, and its employes represented by the TransportationCommunication Employees Union (formerly The Order of Railroad Telegraphers), hereinafter referred to as Employes or Union, effective September 1, 1949, as amended and supplemented, is available to your Board, and is by this reference made a part hereof.
The question presented by this dispute is, has Carrier bound itself by said Agreement to pay compensation under two separate rules of said Agreement when an employe is required to work on his assigned rest days, which is also one of the seven national holidays covered by the Agreement? This identical question, under the same rules and factual circumstances obtaining here, has been presented to your Honorable Board on at least six (6) prior occasions, and your Board has in each instance ruled in favor of the Employes. (See Awards 12471 (Kane), 12453 (Sempliner), 11899 (Hall), 114.54 (Miller), 10679 (Moore), and 10541 (Sheridan). This Carrier refuses to accept this unbroken line of precedent as dispositive of the same issue. Thus, we are again forced to seek relief by submitting the same question to your Honorable Board for adjudication.
CARRIER'S STATEMENT OF FACTS: Claimant E. Fischer is the regularly assigned occupant of the third trick Operator position at Sheldon Junction, Iowa which is assigned from 12:00 Midnight to 8:00 A. M., Sunday through Thursday with Friday and Saturday rest days. Said Operator position is a 7-day position.
On Friday, December 25, 1964 and Friday, January 1, 1965, both rest days for claimant Fischer, the Carrier found it necessary to have claimant Fischer work his regularly assigned Operator position during his regularly assigned hours, i.e., 12:00 Midnight to 8:00 A. M. For such service on his rest clays claimant Fischer was properly paid 8 hours at the time and one-half rate for working each day, i.e., Friday, December 25, 1964 and Friday, January 1, 1965, in accordance with schedule rules and a recognized past practice of long standing.
Attached hereto as .Carrier's Exhibits please find copies of the following letters:
OPINION OF BOARD: It is the opinion of the Board that the Claimant was assigned to the position of third train operator at Sheldon Junction, Iowa. On December 2.5, (Christmas) 1964, and January 1, (New Years) 1965, Claimant was required to perform work, both days being his rest days, and also paid holidays. The Claimant seeks compensation at the rate of time and one half for holiday pay under Rule 11(m) Section 2, of the current Agreement, in addition to compensation received at the rate of time and one half under Rule 11, (1) Service on Rest Days. The Carrier contended that Rule 9(b) the overtime Rules applied and that Claimant was entitled to one penalty payment but not both and furthermore that Rule 9(b) expressly
provides that there shall be no overtime on overtime. The Claimant having received compensation at the overtime rate of time and one-half for service on his rest days no further compensation need be paid.
The issue arising from this claim has been decided in numerous awards of this Division which sustain the position of Claimant.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, fords 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