NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

James R. Jones, Referee

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6435) that:

1. Carrier violated the Clerks' Rules Agreement at Chicago, Illinois when it failed to compensate employe Charlotte Esposito at the time and one-half rate for 8 hours work performed on Position 73450 for Sunday, August 14, 1966, after having completed 40 straight time hours in her workweek.

2. Carrier shall now be required to compensate employe Charlotte Esposito for four (4) hours at the straight time rate of pay of Position 73450 for Sunday, August 14, 1966.

EMPLOYES' STATEMENT OF FACTS: Employe Charlotte Esposito, who has a seniority date of May 23, 1966 in Seniority District No. 63, is an unassigned or furloughed telephone operator; and being an unassigned employs, was used to fill the following vacancies during the period from August 8, 1966 through August 14, 1966 inclusive:

See copy of employe Esposito's statement of March 25, 1967, Employes' Exhibit "A".

Employe Esposito had worked 40 hours in her work week as an unassigned employe as shown above and therefore earned her rest days. She took her first rest day on Saturday, August 13, 1966; however, on Sunday, August 14, 1966 her second rest day, she was called to fill a vacancy on Position 73450, and was paid only the pro rata rate for service performed on that day.

Claim for an additional 4 hours at the pro rata rate of Position 73450 for Sunday, August 14, 1966 was filed with Communications Engineer D. Wylie under date of October 8, 1966 and was declined by him on November 8, 1966. See Employes' Exhibit "B".

Attached hereto as Carrier's Exhibits are copies of the following:

Copy of letter written by Mr. S. W. Amour,

Vice President-Labor Relations, to Mr. H.

O. Hopper General Chairman, under date of

May 24, 1967 Carrier's Exhibit "A"

Copy of letter written by Mr. Amour to Mr. Hopper

under date of November 13, 1967 Carrier's Exhibit "B"

Copy of letter written by Mr. Amour to Mr. Hopper

under date of November 16, 1967 Carrier's Exhibit "C"

Copy of Form PR-1, General Time and Distribution

Record covering employe Esposito for, among

other dates, August 8, 1966 Carrier's Exhibit "D"

Copy of the Chief Switchboard Operator's

ledger record of work assignments on

August 8, 9, 10, 11, 12, 13 and 14, 1966 ..... Carrier's Exhibit "E"

Copy of Form PR-1, General Time and Distri

bution Record, covering employe M. T.

Ramaglia for, among other dates, August 8,

1966 Carrier's Exhibit "F"

(Exhibits Not Reproduced)

Claimant relies on the following rules to support her claim:

"RULE 27-40 HOUR WEEK

(a) -General

There is hereby established for all employes, except those occupying positions listed in Rule 1 (b), a work week of forty (40) hours, consisting of five days of eight (8) hours each, with two consecutive days off in each seven; the work weeks may be staggered in accordance with the Carrier's operational requirements; so far as practicable the days off shall be Saturday and Sunday. This rule is subject to the following provisions:

(i)-Beginning of Work Week

The term `work week' for regularly assigned employes shall mean a week beginning on the first day on which the assignment is bulletined to work, and for unassigned employes shall mean a period of seven consecutive days starting with Monday."

"RULE 32-OVERTIME

(c) Work in excess of forty (40) straight time hours in any work week shall be paid for at one and one-half times the basic straight time rate except where such work is performed by an employe due to moving from one assignment to another or to or from an extra or furloughed list, or where days off are being accumulated under paragraph (g) of Rule 27.

(d) Employes worked more than five days in a work week shall be paid one and one-half times the basic straight time rate for work on the sixth and seventh days of their work weeks, except where such work is performed by an employe due to moving from one assignment to another or to or from an extra of furloughed list, or where days off are being accumulated under paragraph (g) of Rule 27."

"RULE 33-SERVICE ON REST DAYS

(c) Service rendered by an employe on his assigned rest day, or ,lays, relieving an employe assigned to such day shall be paid at the rate of the position occupied or his regular rate, whichever is the higher, with a minimum of eight (8) hours at the rate of time and one-half."

Carrier contends claim should be denied. Carrier bases its defense on Article 12 (b) and (d) of the Vacation Agreement. Carrier also states that the exceptions in Rule 32 (c) and (d) prevent a sustaining of this claim.

We cannot agree. We uphold Claimant's position that Carrier's references to the Vacation Agreement are irrelevant in this case. We also uphold Claimant's answer that the exceptions listed in Rule 32 (c) and (d) are not controlling in this case because Claimant is an unassigned furloughed employe with no assignment to move to and from.

We believe that Claimant clearly is covered by Rule 27 (i) which establishes for her a work week of Monday through Sunday. Since Claimant had worked 40 hours during her work week from August 8-12, she is entitled to be compensated at the time and one-half rate for work on Sunday, August 14.

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 Agreement was violated.

AWARD

Claim sustained.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division

ATTEST: S. H. Schulty

Executive Secretary