Form I NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26765
THIRD DIVISION Docket No. MW-26510
88-3-85-3-249
The Third Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
1. The Carrier violated the Agreement when it improperly compensated
Mr. C. Byrant for the overtime service he performed from 7:00 A. M. to 11:00
A.M. on December 26, 1983 (System Docket CR-717).
2. Because of the aforesaid violation, Mr. C. Byrant shall be allowed an additional four (4) hou
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employees involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant is employed by the Carrier and is regularly assigned to
work Monday through Friday, with Saturday and Sunday as rest days. Because
Christmas fell on a Sunday in 1983, Carrier observed the holiday on Monday,
December 26. Claimant was called to perform overtime service on Sunday,
December 25, 1983. He worked continuously from 7:00 A.M. on December 25,
through 11:00 A.M. on Monday, December 26, 1983, a total of 28 hours. Claimant was compensated at hi
work, at his double-time rate for the next 8 hours of work, and at his time
and one-half rate for the final four hours of work. The Organization thereafter filed a Claim on Cla
compensated Claimant at his double-time rate for his final four hours of work
on December 26, 1983.
This Board has reviewed the evidence in this case, and we find that
Rule 13 of the current Agreement provides that service performed on rest days
and legal holidays, including Christmas:
Form 1 Award No. 26765
Page 2 Docket No. MW-26510
88-3-85-3-249
"Shall be paid for at the rate of time and one
half, computed on the actual minute basis with a
minimum of four (4) hours at the straight time rate
for two (2) hours and forty (40) minutes work or
less. Such work in excess of sixteen (16) conse
cutive hours shall be paid at the double time
rate."
Rule 13 clearly and unambiguously provides that service in excess of
sixteen (16) hours on rest days and legal holidays shall be paid at the doubletime rate. In this cas
hours of overtime work on his assigned Sunday rest day (Christmas Eve) and a
holiday (Christmas). Pursuant to Rule 13, which controls in this case, the
Claimant is entitled to compensation at the time and one-half rate for the
first sixteen (16) hours of continuous work, and the double-time rate for all
hours the Claimant worked continuously in excess of the sixteen (16) hours.
Consequently, the Claimant should have been paid twelve (12) hours at the
double-time rate. Since the Carrier only paid the Claimant eight (8) hours at
the double-time rate, he is entitled to four (4) more hours at the one-half
time rate to make up for his loss.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. ever.- Executive Secretary
Dated at Chicago, Illinois, this 15th day of January 1988.