NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21293
Nicholas H. Zumas, 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 CIAI14: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the former Pennsylvania
Railroad Company:
System Docket 1059
Southern Region - Cincinnati Division Case S-6-74
(a) Carrier is in violation of Art. 5 of the Nov. 16, 1971
Agreement by letter of Supervisor C&S J. J. Canfield to 'All Former P.R.R.
Employees' about double time.
(b) Carrier should be required to pay E. G. Seibert 3.5 hr.
double time. After he put in 8.0 hr. straight time on Monday Feb. 11,
1974 he also worked 4:00 pm to 6:30 pm 2.5 hr. and was called again at
10:30 pm till 7:30 am 9.0 hr. a total of 11.5 hr. on his rest time.
OPINION OF BOARD: The essential facts necessary to resolve the issue
presented are not in dispute: Claimant was an
hourly rated employe with regularly assigned hours 7:30 a.m. to 4:00 p.m.,
Monday through Friday. On Monday, February 11, 1974, Claimant worked his
regular tour of duty and then commenced working overtime from 4:00 p.m.
until 6:30 p.m., and then from 10:30 p.m. until 7:30 a.m. the following
day. For this service Claimant was paid as follows:
7:30 a.m. to 4:00 p.m. - straight time
4:00 p.m. to 6:30 p.m. - time and one-half
10:30 p.m. to 7:00 a.m. - time and one-half
This claim is for three and one-half hours at the double time
rate, for the time Claimant worked over 16 hours within a 24 hour period,
i.e. from 4:00 a.m. to 7:30 a.m. The claim is based on the provisions
of Article V (Overtime Rate of Pay) of the November 16, 1971 National
Agreement that provides in pertinent part:
Award Number 21874 Page 2
Docket Number SG-21293
"(a) Time worked following and continuous with a
regularly assigned e3~. ht-hour work period shall be
computed on actual minutes basis and paid for at time
and one-half rates, with double time computed on actual
minute basis after sixteen hours of work in any twentyfour hour period computed from starting ti
employee's regular shift..." (Underscoring added).
The Organization contends that there is an entitlement to
double time if an employe works after 16 hours in any 24 hour period,
and the work does not have to be continuous.
Carrier takes the position that before Claimant has a right
to claim double time he must have worked continuously for 16 hours
commencing with the beginning of his regular starting time. It appears
that both parties rely on Third Division Award No. 20649. We quote the
award in its entirety:
"OPINION OF BOARD: At the heart of this dispute is
Article V of the Mediation Agreement
of November 16, 1971. The words used in Article V are to
be taken in the ordinary and popular sense, unless from
the context it appears to have been the intention of the
parties that they should be understood in a different sense.
Article V provides for double time after 16 hours'
continuous service in any 24 hour period computed from the
starting time of the employe's regular shift. This simply
means that 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.
The record indicates that Claimant A. F. Booth was
deserving of double time pay on August 5, 1972 from 3 A.M.
to 12 Noon.
His
claim will be sustained. Accordingly
Claimant
H.
F. Miller did not fulfill the requirements of
a 24 hour period. Therefore his claim is denied."
A review of the record in that dispute reveals that Claimants
had assigned regular hours from 7:00 a.m. to 3:30 p.m. They worked their
regular shifts and continued to work up to 11:30 p.m. (or a total of
16 1/2 hours). Claimant Miller answered a call at 8:00 a.m. the following
day and worked until noon. Claimant Miller's claim was denied because he
Award Number
21874
Page 3
Docket Number SG-21293
did not perform double time service within the 24 hour period. Claimant
Booth's claim was sustained because double time service was commenced
within the 24 hour period, even though there was a time lapse of three
and one half hours (from 11:30 p.m. and 3:00 a.m.) before double time
service began.
While this Board may question the propriety of paying double
time for work that went beyond the 24 hour period, we accept the
interpretation of Article V as enunciated in Award No. 20649. As such
we shall deny the claim because Claimant herein worked continuously for
only 11 hours and failed to meet the 16 hour continuous work requirement.
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
The Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
&442--,
Executive Secretary
Dated at Chicago, Illinois, this 31st day of January
1978.