NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John B. Criswell, Referee
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Norfolk and Western Railway
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EMPLOYES' STATEMENT OF FACTS: Effective September 22, 1967, W. L. Peanell became the relief signal maintainer at Bellevue, Ohio. The assignment consisted of the 3rd trick on Thursday, 1st trick on Saturday and Sunday and 2nd trick on Monday and Tuesday. (See Brotherhood's Exhibit Nos. 1 and 2.) Off days of the position are Wednesday and Thursday.
Beginning November 1 and continuing through November 22, 19CC7, Mr. Pesnell was required by the Carxier to work on his off days and on tricks other than his regularly assigned tricks. When he requested overtime :or service performed on his rest days and :for the time he was required to suspend work Third Shift
It should be noted also that just prior to the times and dates in question the regular third shift signal maintainer resigned from Carrier's service and
his former position was being bulletined. Further, the regular second shift signal maintainer, R. M. Kimmet, was just beginning his annual vacation.
Therefore, since :Maintainer Coble was the junior maintainer on the first shift, he was assigned to temporarily protect the vacant third shift position during the life of the bulletin and swing shift Maintainer Pesnell was assigned to temporarily work the second shift during the vacation of Maintainer Kimmet. Such work was not continuous as Mr. Coble returned to the first shift during the period for which he is making claim and was only used temporarily on the third shift as service requirements demanded. Also, Mr. Pesnell was, in effect, performing his regular duties two days a week and both employes were compensated at their straight-time rates for all straight-time hours and at their overtime rates for all overtime hours. In addition, all signal maintainers assigned to Bellevue Yard worked on their assigned rest days and were paid at the time and one-half rate for such service and Assistant Signal Maintainer Short was subsequently upgraded to Maintainer and paid at the applicable rate. Thus, all employes benefited materially by this arrangement.
OPINION OF BOARD: This dispute is the result of the temporary assignment of two positions on the second and third shifts at Carrier's Bellevue Classification Yard.
It is argued that this action violated Rules 11, 13, 17 and 18 of the current Agreement. Rule 11 provides for starting time.
A letter dated February 26, 1968, from the Organization in handling this matter on the property says, in part:
It is also brought out in the handling that various positions have starting times different from others.
Rule 13 covers absorbing overtime and we find that neither it nor Rule 11 is applicable in this case. Thus, Rules 17 and 18 do not have weight.
It was called to the attention of this Board that on the dates of November 16 for Claimant Pesnell and November 1 and 8 for Claimant Coble they were improperly paid and should have been allowed pay at the time-and-one-half rate because they were working the rest day of the position they occupied. We do not find sufficient support in the record to sustain this contention.
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, 193?;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and