NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22387
James F. Scearce, Referee
Brotherhood of Railway, Airline and
Steamship Clerks, Freight Handlers
( Express and Station Employes
PARTIES TO DISPUTE:
(Elgin, Joliet and Eastern Railway Compaad
STATEMENT CF CLAM: Claim of the System Committee of the Brotherhood
(GL-8504) that:
1. The Carrier violated the effective Clerks' Agreement when
it assigned Ms. Angie Staat to Position GT-1162-R effective August 31,
1976, the rest day of that position, and thereby deprived her of work to
which she would otherwise have been entitled.
2. The Carrier shall now compensate Ms. Staat for eight (8)
hours' pay at the pro rata rate of Extra Position GT-572 for September 1,
1976.
OPINION OF
HOARD: Ms. Staat was a furlughed employe who was performing
extra work pursuant to the terms of Rule 19 of the
parties' agreement. As the senior furloughed employe, Claimant was
subject to assigrmmeat to bulletined positions which had not been bid by
employes in service senior to herself. In August 1976, Bulletin No. 299
did not produce
s
bidder and Claimant was notified that she was assigned
to the position advertised pursuant to the rule, effective August 31,
1976. August 31 and September 1, 1976 were rest days of the position;
September 2, 1976 was the first scheduled work day. Ms. Staat did not
work on September 1 because the Carrier considered her assigned to a
regular position and no longer on the furloughed list performing extra
work. Had Ms. Stast been considered in furloughed status and subject
to extra work, she would have worked on September 1 as the senior extra
employe. Because she did not work on that day, she is claiming a day's
pay.
The organization argues that it is improper to assign an
employe to a position on the rest days of the position. The carrier
argues that the assignment was proper, the rules require prompt assignment, and to comply with this
assignment on a rest day.
Award Humber 22565 Page 2
Docket Number CL-22387
Awards of this Hoard since the earliest decisions following
the adoption of the 1949 40-Hour Week Agreement have uniformly held that
the workweek of a position begins on the first workday of the position
and not on one of its restdays. See early Award 6519 (Leiserson) and
more recent decisions in Awards 19482 (Blackwell) and 19622 (Brent),
plus a host of others in the period between those two awards. In Award
19622 we held, "The assignment of the claimant in this case to his new'
job on the rest day of that new position was a violation of the
Agreement." The claim will be sustained.
FIND33GS: 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 dispate involved herein; and
The agreement was violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST:
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Dated at Chicago, Illinois, this 16th day of October 1979.
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