RATIONAL
RAnROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number
CL-21157
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPVPB:
(The Long Island Rail Road Company
STATHORIT CF CLAIM:
Claim of the System Comittee of the Brotherhood
(OL-7887)
that;
a) Carrier violated the established practice, understanding and
roles of the Agreements specifically Rules "69", "72"
and "73",
and the
vacation agreement among others, when it refused to allow payment of one
hour at the time and one-half rate for Yon¢ay, August 19, and Monday,
August
26, 1974
to Mr. F. X. O'Brien, the Agent at Roslyn, who was on
vacation during that period.
b) The Carrier will pay Mr. F. X. O'Brien one hour at the time
and one-half rate for each day in question, specifically Monday, August
19,
and Monday, August
26, 1974.
The Carrier will also pay the other employee
listed in this claim the hours specified at the overtime rate.
OPINION OF HOARD: For twelve (12) years, Claimant, as part
of
his regular
duties, reported to work on Monday mornings one (1)
hour in advance of his scheduled time. 8e was compensated for said hour
at the premium rate, and until the instant dispute, he was paid for such
time while on vacation.
In 1974, Carrier ceased its practice of including the hour in
question in vacation pay, and the employe submitted a claim asserting a
violation of the Ageemeat:
"An employe having a regular assignment will be paid
while on vacation the daily compensation paid by the
carrier for such assignment.
This contemplates that an employe having a regular
assignment will not be better or worse off, while on
vacation, as to the daily compensation paid by the
carrier than if he had remained at work on such assignment,, this not to include casual or unassigne
or amounts received from others than the employing carrier."
Carrier raises certain procedural objections because the Organization has attempted to prosecute the
Award Number 21135 Page 2
Docket Humber CL-21157
in sern.-ate classifications and are subject to different agreements. We
feel that it is not necessary to decide that issue.
For reasons set forth below, it is necessary to scrutinize the
individual fact circumstances of each. case, and apply those facts to the
pertinent agreement language. The employee demonstrated, on the property,
the basis for the claim on bQsl.f of O'Brien; but-no such sharing was made
concerning the "other employes listed" and "any employee effected". Rather,
it is merely asserted:
"Since the Carrier has now used this award 20146 as a
blanket guide to deny all regular overtime, it is our
intention that this claim serve for all the employes
listed balm with the times indicated, as a continual
claim until the violation is corrected and also any
employee effected after the date of this claim submitted:"
Significantly more information is required for this Hoard to issue
a determination on the merits concerning said "other" employes WA consequently, we will dismiss the
On the other hand, we feel that O'Brien's claim was appropriately
described on the property; that the applicable role was cited and that the
dispute is properly before us. ..
Carrier urges a.denial because Claimant O'Brien's overtime was
not bulletined and thus was not part of the "daily" compensation due him,
and it places reliance upon Award 20146.
The cited agreement language clearly recognizes that "daily compensation" which im.material to vacat
is "casual" or "unassigned". The fact that overtime is not bulletined does
not necessarily mean that it was not assigned. After a practice of twelve
years, the Monday overtime can hardly be considered "casual" and we must
conclude that it was "signed. Award 201h6 considered a claim for time
worked on a rest day and, citing certain Awards, denied the claim because
it was not part of "daily compensation". Suffice it to say that no such
concept in presented here. It is interesting to note, however, that Award
20146, relied upon by Carrier, states that "...we find m fault..." with
the reasoning expressed in Award 4498. That Award held:
"Casual overtime as the term is used in Article qa
means overtime - the duration of which depends on
contingency or chance - regular overtime when used
in contradistinction of casual overtime mew overtime authorized for a fixed duration each day of a
regular assigmsent bulletined or otherwise." (underscoring supplied)
Award Number 21135 Page 3
Docket Number CL-21157
FIRDISGB: The Third Division of the Adjustment Hoard, 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 $Vloyes within the meaning of the Railway Labor
Act, as approved June 21, !934;
That this Division of the Adjustment Hoard has jurisdiction over
the dispute involved herein; and
That the Agreement was violated.
A W A R D
Claim sustained as it applies to Claimant F. X. O'Brien. The
claim is dismissed as it applies to "other employee".
NATIONAL RAIIZOAD ADJMTlW HOARD
By Order of Third Division
ATTEBT:~,.
gk4d6L,.~
Dated at Chicago, Illinois, this 30th day of Jhly 1976.