Claimant Lamborn is regularly assigned to the Relief position at Bridgeport Bridge, Illinois, with assigned rest days of Friday and Saturday.
Claimant was required to suspend work on his regular relief assignment and perform non-emergency vacation relief work on the first trick position at Bridgeport Bridge, September 8 through September 17, 1964.
Claims were filed and handled in the usual manner, including conference, up to and including the highest designated officer of the Carrier and have been declined. Correspondence reflecting the handling of Claim No. 1 on the property is, for all practical purposes, the same as the handling of Claim No. 2, so only the correspondence exchanged in Claim No. 1 is attached hereto as Exhibits I through 9.
At the time of this claim, L. M. Springer was assigned the relief position relieving the telegraphers on their rest days at South Joliet, Illinois. In order to relieve the agent-telegrapher at Lockport, Illinois, while he was on vacation, the telegraphers at South Joliet were required to work their rest days and the claimant worked as agent-telegrapher at Lockport. For each day referred to in the claim, the claimant was paid penalty rates of time and one-half. This is in accordance with past practice.
During the year 1963, the Claimant (Mr. Springer) was used in the same manner to relieve the agent at Lemont, Illinois, for which he was paid at the penalty rate of time and one-half. No claim was made for additional penalty payments on behalf of Claimant in 1963.
On the dates referred to, the occupant of the first trick position at Bridgeport Bridge was on, vacation, during which time he was relieved by Claimant J. L. Lamborn, who occupied the relief position at Bridgeport Bridge. On the days referred to in the claim, Claimant was paid at the penalty rate of time and one-half and the other telegraphers at Bridgeport Bridge, whom he normally relieved', were paid at the rate of time and one-half for working their rest days.
OPINION OF BOARD: Claimants are regularly assigned employes who were required by the Carrier to vacate their positions on the claim dates for the purpose of affording vacation relief to other regularly assigned employee.
For this service Claimants were paid time and one-half as provided by Rule 9. Employes contend, however, that Rule 9 prohibits the use of regularly assigned employee for relief purposes except in cases of emergency, and that no emergency existed in these instances.
9 to be inapplicable. Awards 16492, 16994. Accordingly, the claims will be sustained. However, since one-half time has been paid for each day Claimants were diverted from their regular assignments, under what appears to be a clear misapprehension of the applicability of Rule 9, this payment is to be taken into account, so that the reparation awarded is the difference between the half time payments previously made and a full day's pay for their own assignments on each claim date.
This decision obviously applies solely to the particular facts and circumstances of this case.
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