NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20859
Irwin M. Lieberman, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Camas Prairie Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7619) that:
1. Carrier violated the Clerks' Rules Agreement at Lewiston,
Idaho when it worked a furloughed employe in excess of five (5) days or
forty (40) hours and failed to compensate him at the overtime rate of pay
for work performed on his rest days.
2. Carrier shall now be required to compensate Mr. Larry Sullivan for an additional four (4) hou
OPINION OF BOARD: Claimant was a furloughed Clerk; he was assigned, in
accordance with the Agreement, to vacation vacancies
as follows: on Thursday, April 26, 1973 through Monday, April 30th as
Yard Clerk, 7 A.M. to 3 P.M.; on Tuesday,May 1st through Saturday,May 5th
as Yard Clerk - Yard Office 3 P.M. to 11 P.M. The regular rest days of
his first vacation relief assignment were Tuesday and Wednesday. The dis
pute involves the question of whether or not Claimant is entitled to over
time pay for Tuesday and Wednesday, May 1st and 2nd.
Rules cited by the parties which are most pertinent provide:
"Rule 29. WORK WEEK
(h) Rest Days of Extra or Furloughed Employes: To the extent
extra or furloughed men may be utilized under this agreement,
their days off need not be consecutive; however, if they take
the assignment of a regular employe they will have as their
days off the regular days off of.that assignment.
(i) Beginning of Work Week: The term 'work week' for regularly assigned employes shall mean a we
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."
Award Number 20944 Page 2
Docket Number
CL-20859
"RULE 31. OVERTIME
(b) 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 on
another or to or from an extra or furloughed list, or where
days off are being accumulated under Rule 29(g).
(c) Employes worked more than five (5) 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 or furloughed list, or where days off are being accumulated under Rule 29(g)."
An examination of the Rules above clearly indicates some unresolved
conflicts which could be applied to the instant dispute. However, there have
been numerous Awards dealing with the same issue, the most recent involving
the same parties and Claimant: Award 20877. In that Award we held that
Claimant did not revert to furloughed status until he had completed both the
work days and the regular rest days of the assignment he had taken on. We
relied on the language of Rule 29(h) in that Award and we must do so similarly herein. Although we b
to address themselves to the obvious problems and inconsistency in the Rules
cited above at their earliest opportunity, we must reaffirm our reasoning in
the earlier Award and sustain the Claim herein.
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;
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
Award Number 20944 Page 3
Docket Number CL-20859
That the Agreement was violated.
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
(iii ~,
Executive Secretary
Dated at Chicago, Illinois, this 30th day of January 1976.