NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22305
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Pittsburgh, Chartiers & Youghiogheny
( Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8491) that:
Claim No. 1
(1) Carrier violated the Rules Agreement effective May 1,
1944, as amended, particularly Rule 4-A-1 and other rules as well as
the Extra List Agreement effective August 21, 1972, when it failed to
properly compensate J. A. Wright for Monday, December 8, Saturday,
December 27, Monday, December 29 and Wednesday, December 31, 1975
(2) Carrier shall be required, as a result, to compensate
J. A. Wright the difference between straight time allowed and to
overtime to which entitled for working a second tour of duty on the
above dates. (PC&Y 2-76) (P-284)
Claim No. 2
(1) Carrier violated the Rules Agreement effective May 1,
1944, as amended, particularly Rule 4-A-1 and other rules as well as
the Extra List Agreement effective August 21, 1972, when it failed to
call and work J. A. Wright on Sunday, December 28, 1975 and Sunday,
January 4, 1976 on Position G-2.
(2) Carrier shall be required, as a result, to compensate
J. A. Wright a day's pay at the straight time rate of Position G-2
for each of the above dates. (PC&Y 1-76) (P-283)
OPINION OF BOARD: Rule 4-A-1 provides in part:
"A relief or extra employe who performs relief work in
two or more positions within a twenty-four hour period
will be paid straight time for the first eight hours
worked in each position. For time worked in excess of
eight hours on any of the positions so relieved, he will
be paid time and one-half."
Award Number 22307 Page 2
Docket Number CL-22305
The Claimant is assigned to the extra list maintained to
fill vacancies and to perform extra work under the jurisdiction of
the superintendent. On the days involved in this case, the Claimant
was required to perform extra service by filling two separate
vacancies within the same 24 hour period. He was compensated for
eight hours at the straight time rate for each position filled on
those dates. He seeks compensation at the overtime rate for the
second eight hours involved on each date.
The
Organization contends
that an extra clerk used to
perform service in the absence of a regularly assigned employe,
including a regularly assigned relief employe, is performing extra
service and not relief service.
The Carrier contends that an extra clerk filling vacancies
on regular positions is performing relief work. The Carrier further
argued that for 25 years they have interpreted Rule 4-A-1 as
requiring compensation for an extra clerk at the pro rata rate for
both assignments within a 24-hour period when the extra clerk was
used to fill a vacancy in a regular position on each assignment.
We have reviewed the prior rulings of this Board,
especially Award 5415 and Award 10780.
We are inclined to agree that the Carrier has properly
applied Rule 4-A-1 in the instant case and the claims are, therefore,
denied.
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
aver the dispute involved herein; and
Award Number 22307 Page 3
Docket Number CL-22305
That the Agreement was not violated.
A W A R D
Claims denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 22nd day of February 1979.