George S. Roukis, Referee


(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:
              (Seaboard Coast Line Railroad Company


STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of Railroad
              Signalmen on the Seaboard Coast Line Railroad Company:


(a) Carrier violated the current Signalmen's Agreement, as amended, particularly Rule 45, portion relating to payment for service on rest days.

 (b) Carrier should now be required to compen.;ate Messrs. Taylor (11 hours), Smith (13 hours), Howes (12 hours) and Green (11 hours), at their respective time and one half rate of pay for services performed on Friday, February 9, 1979·"

 (General Chairman's file: 14-F. R. Taylor - R. 0. Roses - V. T. Smith - J. 0. Green. Carrier file: 15-45 (79-7) J)

 OPINION OF BOARD: In Third Division Award 23339 involving the same parties and
 the same adjudicatory issue, we held that Carrier was required to consider Friday as a rest days when covered employes fulfilled their normal 40 hours work week assignment by working four 10 hour days. This obligation was predicated upon its acquiesence to the 1970 Agreement. We also noted that the same Agreement was applicable to signal foremen, when they worked an identical schedule. To underscore this point we stated in pertinent part that:

        "However, we do finds upon v11 the evidence presented, that when the parties agreed to the four day 10 hour per day work arrangement here outlined, it was inten like Saturday and Sunday, be considered a day of rest, not only for the signal gangs, but also fur the signal foremen. By operation of the Agreement, therefore, Carrier was obligated by pay the Claimants overtime se provided in Rule 16(d)."


In the instant case, Claimants observed Friday, Saturday and Sunday as rest days and so were entitled to be paid the overtime rate, consistent with Rule 16(d) when they worked on Friday, February 9, 19'!9 because of storm damage to Carrier's equipment. The arguments raised by Carrier that Rule 45., Paragraph C provides that only Saturday and Sunday are rest days and that there is no language stipulating that Friday is a rest day for signal foreman are unpersuasive. We will sustain the claim.
                    Award Number 23572 Page 2

                    Docket Number SG-P3459


        FINDINGS: The Third Division of the Adjuswroent Board, upon; the whole recartd; and all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the 4nployes invaived is this dispute are reapective7,y (terrier and Fnployes within the meaning-oil the Railway Labor Act,, as approved June 21, 1934;

 That thissDivision of the Adjustment Board has jurisdiction aver the dispute involved herein; and

        That the Agreement was violated.


                        A W A. R D


        Claim sustained.


                            NATIONAL RAILROAD ADJIJSThC-N'P B')AIiD

                            By Order of Third' Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 29th day of January 19&'':.

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