OWNS
Award No. 16785
Docket No. TE-14779
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Nicholas H. Zumas, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of The Order
.of Railroad Telegraphers on the Missouri Pacific Railroad (Gulf District), that:
1. Carrier violated the Agreement when, on the 22nd day of
November, 1962, Thanksgiving Day, it required Night Chie&CTCTelegrapher Jack Glass to perform duties on his assignment of 11
P. M-7 A. M., on Rest Day, and compensated him under Rule 15,
Section 1 (M) (V) for eight (8) hours' punitive rate but declined to
compensate him an additional eight (8) hours in accordance with
Rule 15, Section 2 (B) (2) for Holiday work.
2. Carrier shall compensate Telegrapher Jack Glass an additional eight (8) hours at the punitive rate of the Night Chief position for working the Holiday.
EMPLOYES' STATEMENT OF FACTS: "H" Office, Palestine, Texas,
£s an office in the relay seniority district on the Gulf District of the Missouri
Pacific Railroad. There are five negotiated positions in this office which are
:listed as follows:
"Manager-Wire Chief-Telegrapher, hours 7 A. M-3 P. M., rest days
Saturday and Sunday.
CTC-Telegrapher, hours 7 A. M-3 P. M., rest days Saturday and
Sunday.
Assistant Manager Wire ChiefXTC-Telegrapher, hours 3 P. M:
11 P. M., rest days Monday and Tuesday.
Night Chief -CTC-Telegrapher, hours 11 P. M_7 A. M., rest days
Wednesday and Thursday.
Swing-Manager-Assistant Manager-Night Chief-CTC-Telegrapher
relieves Manager on Saturday and Sunday; Assistant Manager on
Monday and Tuesday; Night Chief on Wednesday.
8. Claim was subsequently progressed through the channels on the
property, and finally appealed to the Director of Labor Relations under date
of February 18, 1963. Claim was declined by the Director of Labor Relations
in a letter dated April 16, 1963, which is quoted below for the convenience o£
your Board:
Reference to your letter of February 18, 1963, file F-6-320, appealing from decision of General Manager D. J. Smith claim of Telegrapher Jack Glass, 'H' Office, Palestine, Texas, for eight hours at triple
time account work performed on rest day which day was also
Thanksgiving Day, one of the recognized holidays.
Although you are claiming sixteen hours at the punitive rate,
only eight hours' overtime work was performed. This claim actually
amounts to eight hours at a triple time rate for which there is no
provision of the Telegraphers' Agreement to support such a contention. Rule 7(c), Overtime, provides that:
'There shall be no overtime on overtime; . . .
In view of the foregoing, claim is without merit or rule support
and is respectfully declined.
9. In progressing the instant claim on the property the General Chairman
did not attempt to show the provision of the rules cited which support a claim
for a double penalty in event service is performed on a rest day that is also
a holiday, but rather contented himself with a citation of Award 10541.
(Exhibits not reproduced.)
OPINION OF BOARD:
The question in this dispute has been resolved
against Carrier many times before. See Awards 10541, 16127 and 16723. For
reasons stated in those awards, we are compelled to find that the Agreement
was violated and the Claim should be sustained.
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;
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That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was violated.
AWARD
The Claim is sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 14th day of November, 1968.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A
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