NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
4. Following the signing of the above Agreement, in response to complaints filed with the National Railway Labor Conference by the American Train Dispatchers' Association that at least one Carrier had incorrectly used the above provision to change the computation of payments made to dispatchers for overtime service from the daily factor to hourly factor, the National Railway Labor Conference issued the following advice to its member railroads on March 12, 1965:
5. This Carrier has had no other correspondence or contact from the National Railway Labor Conference concerning the above complaint of the American Train Dispatchers Association and upon checking with the National Railway Labor Conference as to what carrier was involved in the issuance of the above advice on March 12th was advised that it was not this Carrier. While the National Railway Labor Conference advice was issued on March 12, 1965 the General Chairman of the American Train Dispatchers Association on this property did not file any complaint with this Carrier regarding the issues here in dispute until July 31, 1965 (See Carrier's Exhibit ..B_) .
6. For many years prior to, as well as subsequent to, the February 2, 1965 National Agreement, train dispatchers on this property have been compensated for overtime service and rest day service on the basis of one and one-half times the basis pro rata hourly rate determined by dividing the monthly rate by 174 hours (177 after the February 2, 1965 Agreement) as provided under Articles 2, 3 and 4 of the Dispatchers' Agreement in effect on this property. See dispatchers' rate sheets attached as Carrier's Exhibits "A-1" through "A-8" to this submission.
7. To avoid burdening the record, Carrier has not included copies of the correspondence presented on the property concerning this claim as it is anticipated the Employees will produce such correspondence as a part of its submission. However, Carrier will refer to various portions of this correspondence, as necessary, and will reproduce pertinent portions of same when appropriate. Carrier will also take exception in its rebuttal statement to any errors or omissions in the Employees' reproduction of such correspondence.
8. The procedures followed in the progression of this claim were timely and in accordance with the applicable rules in effect on this property and the Railway Labor Act, as amended.
OPINION OF BOARD: This claim, brought in behalf of several employes, contends that Carrier did not apply the controlling rules of the
Agreement properly when computing pay for dispatchers working their regularly assigned positions on rest days.
In reading the Agreement, we find that the second Paragraph of Article 3 (a) clearly describes the situation presented to us:
The Organization argues that Article 4 (a) dictates that this time and one-half rate should be computed on the daily rather than hourly schedule. The article says:
Framers of the Agreement significantly provided "monthly compensation" shall be computed on a daily basis.
We must find that through the limitation of Note 2 to Article 3 (a) computation of Claimants' pay is restricted to the "one and one-half times the pro-rata hourly rate" detailed in Article 2 (c).
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 sae 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