NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21426
Irwin M. Lieberman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Robert W. Blanchette, Richard C. Bond and John H.
( McArthur, Trustees of the Property of
( Penn Central Transportation Company, Debtor
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the former Pennsylvania Railroad
Company:
System Docket 915
Southern Region Cincinnati Division Case 35
(A) Carrier is in violation of Article 5 of the November 16, 1971
Agreement by letter of Supervisor J. J. Canfield to 'All former PRR Employes
dated January 19, 1973, about double time.'
(B) Carrier should be required to pay E. G. Seibert 23.2 hours
double time. After putting in 8.0 hr. straight time on Thursday, April 19,
1973, he then put in on April 20, 1973, from 8:30 am to 3:00 pm a total of
6.5 hrs. On April 21, 1973, he put in from 9:00 am to 7:00 pm a total of
10.0 hrs. Again on April 21, 1973, from 12:30 am to 8:30 am a total of 8.0
hrs. and on April 22, 1973 from 12:00 pm to 2:40 pm a total of 2.7 hrs. and
again on April 22, 1973, from 9:00 PM to 1:00 am a total of 4.0 hrs. This
is a total of 31.2 hrs. for a Holiday and two rest days.
OPINION OF BOARD: Claimant in this dispute has a regular assignment 7:30
A.M. to 4:00 P.M. Monday through Friday. This dispute
involves work performed by Claimant on Friday April 20, 1973, a holiday and
on the following Saturday and Sunday. The work in the period in question
totaled 31.2 hours for which Claimant was paid time and one-half. Petitioner
alleges that he should have been paid double time for that period in excess
of eight hours, or for 23.2 hours. The claim involves an interpretation of
Article V of the November 16, 1971 National Agreement, which reads in pertinent part:
"(a) (Effective June 1, 1962) Inspectors, assistant
inspectors, foremen and assistant foremen shall be
paid monthly rates of pay based on 174 hours per month.
Their straight time hourly rate will be determined by
dividing the monthly rate by 174."
The position of the Organization is that an employe does not have
a regular starting time on a rest day or holiday. From that position, it
is argued that the regular starting time for Claimant on Thursday April 19,
1973 is the base and counting from that time, work in excess of sixteen hours
Award Number
21435
Docket Number SG-21426
Page 2
is double time. The Organization argues that Article V must be interpreted
as written and the word continuous must be read in the place it appears in
the Rule.
The issue of the regular starting time of an employe on rest days
(or holidays) has been reviewed in a number of prior awards. In Award 5156,
involving a related dispute, the Board said:
" ....in computing double time for work in excess of 16
continuous hours of service, the starting time of an
employe's regular shift constitutes the starting point
of the 24 hour period whether during regularly assigned
days or otherwise
...."
The position stated above has been reaffirmed in a host of following awards including Awards 526
that the starting time of the employe's regular shift on a normal work day
must also be considered the starting time on rest days or holidays for the
purpose of computing overtime compensation. .
In the instant dispute the facts indicate, based on the regular
starting time of 7:30 A.M., that Claimant worked 133, hours on Friday (the
holiday), 11 hours on Saturday, and 6 hours and 40 minutes on Sunday. Based
on these facts, the Claim is without rule support.
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
That the Agreement was not violated.
A W A R D
Claim denied.
ATTEST:
aal
PAa,!LV2e
Executive Secretary
Dated at Chicago, Illinois, this 28th
NATIONAL RAILROAD ADJUJ
3
By Order of Third Division
day of February 1977.