NATIONAL
RAILROAD ADJUSTMENT
BOARD
THIRD DIVISION Docket Number CL-26033
Rodney E. Dennis, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-9934) that:
(a) Carrier violated the rules of the current Clerks' Agreement at
Barstow, on April 11, 1983, when J. D. Bolduc was not properly compensated for
work performed, and
(b) J. D. Bolduc shall now be compensated for four (4) hours at the
straight time rate in addition to any compensation Claimant may have received
for its day at the rate of Position No. 6051."
OPINION OF BOARD: Claimant was in an off-in-force reduction status on April
11, 1983, when she was called to fill a short vacancy
caused by a regularly assigned employe becoming ill part way through his
shift. Claimant reported to work at 3:00 A.M. and worked until 7:00 A.M. She
submitted a time sheet requesting eight hours' pay. Her paysheet was reduced
to four hours pay at the pro rata rate. A Claim was filed for the additional
four hours pay. That Claim was denied and has been processed to this Board
for final adjudication.
This Board has reviewed -a similar case (Third Division Award 26539)
involving these same parties. Our rationale in that case applies equally as
well to this case. We see no need to repeat it here.
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
That the Agreement was violated.
Award Number 26540 Page 2
Docket Number CL-26033
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy . D er - Executive Secretary
Dated at Chicago, Illinois, this 30th day of September 1987.
CARRIER MEMBERS' DISSENT
TO
AWARD 26540, DOCKET CL-26'033
(Referee Dennis)
The Majority sustains the Claim on the basis of its decision
in Third Division Award 26539. For the same reasons we dissented
there, we dissent here.
M W. INGE UT
R.
L.
HIC
M. C. LESNIK
P. V. V GA
.
E. YOST