NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number SG-21209
Irwin M. Liebersian, Referee
(Brotherhood of Railroad Signalmen
]PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Southern Railway Company et al.
In behalf of J. S. White Signa3sen, Headquarters Meridian, Miss.,
assigned working hours 7:30 AM to 4:30 PM Monday through Friday, one hour
lunch period, for 144 hours straight tine and 128 half tine hours account
of his working hours being changed to avoid paying him overtime, and because he was not alloyed to w
On February
19, 1974
carrier changed Mr. J. S. White's working
hours from 7:30 AM to
4:30
PM (his regular assignsieat) to
5:30
PM to
1:30 AM which is a violation of the present Signalsens Agreement with
Southern Railway Co.
Mr.
White worked this shift which started at
5:30
PM for about four weeks while rail gang was laying rail in the vicinity
of Meridian, Miss.
1. Claim is for 8 hours straight tine for each of the following
days that he was not permitted to work his regular assigned hogs. February 20, 21, 22, 25, 26, 27,28
4, 5, 6,
7, 8,
up
129
13,
14, 15, 1974,
or a total of
144
hours straight tins. The 8 hours claimed
an each of the above nosed dates are to be in addition to say pay he has
already received or due him.
2. Clain is for half tine for the following days that he was only
paid 8 hours straight time while working dram
5:30
PM to
1:30
AM. The
days are as follows: February 20, 21, 22, 26, 27, 28, and March 1,
5, 6.
7, 9, 12,
13, 14, 16,
1974 or a total of 128 half tine hours or
64
hours
straight time. This time claimed is to be in addition to any pay he any
have already received or due him bemuse
Mr.
White was not paid time and
one half for hours worked between
5:30
PM and
1:30
AM.
Carrier has violated the present Signalmens Agreement particularly
Rules 27a and Bale
34
when
Mr. J. S.
White was required to suspend work
during his regular assigned hours and required to go to work at
5:30 PM
in the evening and work an 8 hour shift at the straight tins rate of pay.
Carrier's file SG-38)
Award lumber 21186 Page 2
Docket Number SG-21209
OPINION
OF
HOARD: Claimant vas regularly assigned to a Signalman's posi
tion with hours of 7:30 A.M. to 4:30 P.M., Monday
through Friday. On February 19th, 1974, Claimant was assigned to work from
5:30 P.M. to 1:30 A.M. and continued an this schedule until !larch 15th; the
change was occasioned by the work of a rail gang engaged in a night rail
laying operation in the area. Claimant was paid time and one half for the
first day on the night shift end the same rate for his first day he was
back on the day shift, March 18th. He had been given forty-eight hours
notice of the impending change.
Petitioner alleges that Claimant's hours were improperly changed
and cites, inter alia, Rule 27 (a) which provides for the hours of each
shift and specifically limits the start of a second shift to the finishing time of the first shift a
relies on Rule
34
which provides;
"Tuplayees till not be required to suspend work during
regular hours to absorb overtime."
Carrier stated that the changed hours were agreed to by a Local
Chairman and the General Supervisor, but admitted, during the handling
on the property, that the changes had been made improperly. Carrier
asserted that this wan a temporary change in hours and was properlyy
filled without bulletining.
We have considered a similar dispute involving the saws parties,
in Award 16091, which also was concerned with a track laying operation,
and that Award is controlling. In that decision we said that Claimant:
" ....was removed from his regular assignment to fill a
temporary new position. Thus, in violation of the Agreement he was suspended from his regular assign
therefore is entitled to be paid at his overtime rate of
pay. Since he was already paid at the pro rata rate he
is entitled to be paid an additional amount the total of
which is to equal the overtime rate."
There have been a host of other awards over the years which have con
sistently held that it was improper to require an employe to suspend
work during his regular hours to absorb overtime. For all the foregoing
reasons the Claim will be sustained and Claimant will be compensated
consistently with our holding in Award 16 091.
Award Number 21186 - page
3
Docket Number SG-21209
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 Employee 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
That the Agreeant was violated.
A W A R D
Part 1 is denied; Part 2 is sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
1'r Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 13th day of August 1976.