NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21461
Robert W. Smedley, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe
( Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood,
GL-8000, that:
(a) Carrier violated the rules of the current Clerks' Agreement
at San Diego, California on August 19, 1974, when it failed to properly
compensate Ms. L. A. Alley for services performed in excess of eight (8)
hours in a day, and
(b) Ms. L. A. Alley shall now be compensated for four (4)
hours pay for August 19, 1974, at Head Revising Clerk Position No. 6218
at $44.5982 per day in addition to the compensation she has already
received on this date as a result of such violation of Agreement rules.
OPINION OF BOARD: Claimant worked a short vacancy on Sunday and then
resumed her regular assignment on Monday. The issue
is whether she gets time and one-half for the Monday work.
i
On Sunday March 18, 1974 claimant filled a short vacancy on
another position from 3:30 P.M. to 11:30 P.M. She then worked her own
shift on Monday March 19, 1974 from 8:00 A.M. to 4:30 P.M. She was
first paid time and one-half for the Monday work, but the one-half,
$22.30, was later deducted by carrier, giving rise to this dispute.
Her Sunday assignment was pursuant to Rule 14 - FILLING SHORT
VACANCIES - D(2):
"Vacancies, including vacancies on rest day relief
positions not filled by (1) above, shall be protected
on a day to day basis by the senior qualified and
available employe in that class of service at the
point who has served notice in writing of his desire
to protect such service. Such employe is not to be
considered available to protect such service on any
day it would prevent him from protecting his own
assignment."
Award Number 21661 Page 2
Docket Number CL-21461
And her claim for overtime comes from Rule 32 - OVERTIME AND CALLS -
Time in Excess of Eight Hours - A:
"Except as otherwise provided in Rule 32-I, time in
excess of eight hours, exclusive of the meal period,
on any day, will be considered overtime and paid on
the actual minute basis at the rate of time and
one-half."
This Board defines the word "day" as used in Rule 32 A. as
a twenty-four hour period computed from the starting time of a previous
assignment (see Awards 17213, 14927 and awards cited therein). Thus,
the day started at 3:30 P.M. on Sunday and ended at 3:30 P.M. on
Monday, at which time claimant had put in seven hours in excess of eight
for which she is entitled to overtime, i. e., an additional three and
one-half hours` pay.
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,
. ~c~i vE
The Agreement was violated.
Part (a) of the Claim is sustained.
`~ J BAR'` P''
Part (b) of the Claim is sustained to the extent indicated
in the opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
alv
Dated at Chicago, Illinois, this 18th day of August 1977.