Hrathexhood of Railroad Signslmen PARTIES TO DISPUTE.

STATWM OF MA114: "Claim 0f the Brotherhood of Railroad Sianalooea on

Claim on behalf of Signal Foremen F. R. Taylor, R. S. Rdirla and R. D. Platt for overtime for attending foreman's meeting is Jacksonville, Florida on July 14, 1978."

(carrier's file: 15-16 (78-10) J)
                  OP71rDDH OF BOARD: Claimants are Signal Foremen sad monthly rated employee.

Rule 45(c) o! the Agreement dictates, so far as here relevant, that, except for service on "rest days," no signal foreman shall be paid overtime until he has 185 1/3 credited hours of service for the month. Dl:der Role 45(b) service performed by signal foremen as "rest days" is paid for under Rule 16. Role 16(d) provides, is relevant part, that work in excess of 40 hours per reek shall be paid for at time and one half the basic straight time hourly rate.

 The claim here arose when furrier assigned the three Claimants to attend a foreman's meeting on Friday, July 14, 1978. Claimants had already put in 40 hours of work that week inasmuch as their narmnl work reek consisted of 10 hours work par day from Monday through Thursday. Qaimnats, considering Friday a rest day, like Saturday sad Sunday., put in a claim for overtime under Rule 16. carrier took the position that Rule 16, providing for time and one half, was sot applicable and campenaated the Claimants only to the extent that the time spent attributable to the foremen's meeting exceeded the 185 1/3 monthly limit provided for is Rule 45(c). Claimants seek the difference between the compe Rule 45.

 The critical question is whether Friday is a rest day within the meaning of Rule 45(b) and (c). If so.. then Rule 16(d) plainly governs.
                    Avard Humber 23339 Pap 2

                    Docket Number SG-2310


Preliminarily., Organization contends that Carrier may not assert here that Friday is not s rest day bemuse Carrier never raised that issue while the dispute vas being handled on the property. We reject this contention. carrier asserted fro provisions of Rule 45(C). Since Rule 45(C) explicitly excludes rest days from its provisions, Carrier necessarily took the position that Friday vas not a rest day.

 Addressing ourselves to the merits, it appears that Saturday and Sunday are concededly rest days. This follows free the underlying scheme o! the Agreement which 3s predicated essentially an a normal 40 hour work week of five days a week and eight hours par day with Saturdays and Sundays off, if possible. However, since about 1970 the parties have agreed to permit floating signal gangs to fulfill their 40 hour work week requirement by working four 10-hour days. The four days assigned were Monday through Thursday. The days off were Friday, Saturday and Sunday.

 The parties are, of course, empowered to change the terms as their Agreement if they mutually sleet to do so. The original Agreement was thus modified is the meaner indicated. A natural reading of the change here made is that, gust as Saturday and Sunday vets originally designated as rest days bemuse they were the days oft from work, Friday would now also be a designated rest day bemuse the work days nor extended from Monday through Thursday.

 Indeed, it would appear that Carrier essentially adopted this rending. Thos, Carrier concedes that, so far as aigoni amp are concerned,, Friday, Saturday and Sunday are now considered as rest days. The provisions of Rule 13(b) that a work reek for all employee shall be 40 hours, consisting of five days of eight hours each, with two consecutive rest days off in each seven, was abate by mutual consent. So, too was the provision that employee working is excess of eig schedule receive overtime only for work time in excess of 10 hours per day.

 Consistent with the foregoing changes, Organi.sgtion argues that Fridays should be considered a rest day far signal foremen just as it is considered a teat day fair apply. The nark days were Moray through Thursday. Friday, like Saturday and Sunday, would be a day off. Yet, here, Carrier resists each a reading and insists that is this instance, the original ache of the Agreement which contemplated a five day work reek with only Satmrdays and Sundays as days of rest must be adhered to. It follow$ from Carrier's visa that Friday would be considered a working day and not a day of rest notvithataadiag the four day work reek and that (terrier would not be subject to costs which might otherwise be imposed if Rule 16(d) was applied.
                    Award Number 23339 use 3

                    Docket fiber SO-23140


We are not impressed with Carrier's assertion on the record that other foremen have eat made overtime claims of this nature and that this indicates that such claims are not warranted. Nor are we impressed with Organization's Showing that in prier instance a signal foreman was admittedly paid overtime at time asd me half fan work performed on e
 Friday. Neither Carrier's assertion nor Organization's shoving eatab-
 1lshea a peat practice or precedent which mould be controlling here.

 However., we do find, apse all the evidence presented, that when the parties agreed to the four day lo-hour per day walk arrangement here outlined, it was intended by than that Friday, like Saturday and Sunday, be considered a day of seat, not only for the signal gangs, bat also for the signal foremen. 9y operation of the Agreement,, therefore, Carrier was obligated to pay the Claimants overtime as provided in Rule 16(d).

        FINDINGS: The Third Division of the Adjustment Beard, upon the whole record and all the evidence, finds sad holds:


        `mat the parties waived oral hearing;


That the Carrier and the Bmployea involved in this dispute are respectively Carrier sad Employee within the meaninig of the Railway labor Act, as approved Juan 21, 1934;

 That this Division of the Adjustment Hoard hoe jurisdiction war the dispute involved herein; and

        That the Agreement was violated.


                      A W A R D


        Claim sustained,


                            NATIONAL RAILROAD ADJUSTMENT HOARD

                            By Order of Third Division


ATTEST.
      Baoacutive Secretary


Dated at Chicago, Illinois,, this 16th day of July 1981.