Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28182
THIRD DIVISION Docket No. CL-29341
92-3-90-3-254
The Third Division consisted of the regular members and in
addition Referee John $_ LaRocco when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Chicago and Illinois Midland Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Organization
(GL-10453) that:
1. Carrier violated the Agreement when it failed to properly compensate J. C. Byrd, hereinafter
June 17, 1988, at the Havana Coal Transfer Plant, Havana, Illinois.
2. Carrier's action in the instant case violated the TCU Agreement,
Supplement No. 10 contained therein.
3. Carrier shall now be required to compensate Claimant for eleven
(11) hours at the overtime rate of pay of Gate Operator-Clerk for the date of
June 17, 1988."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or --arriers and the employe or employes 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 was regularly assigned as a Gate Operator-Clerk on the
3:00 P.M. to 11:00 P.M. shift at the Carrier's Havana, Illinois, Coal Transfer
Plant. On June 17, 1988, the Carrier properly called Claimant to fill a
Laborer's vacancy on the 7:00 A.M. to 3:30 P.M. shift. Since coal transfer
operations continued past 3:30 P.M., Claimant performed Laborer duties until
6:30 P.M. At that time, Claimant began working his regular Gate OperatorClerk position.
Form 1 Award No. 29182
Page 2 Docket No. CL-29341
92-3-90-3-254
The Carrier paid Claimant 7.5 hours of overtime compensation, representing the time he worsted f
hour for lunch. The Carrier also compensated Claimant eight hours pro rata
for the period he worked from 3:00 P.M. to 11:00 P.M. The Carrier based the
overtime and straight time compensation on the rate of Claimant's Gate Operator-Clerk position, a hi
Once the Carrier called Claimant to render overtime service, Claimant
was entitled to be paid the overtime rate so long as the overtime assignment
endured regardless of whether or not the time Claimant worked the Laborer job
partially coincided with his regular tour of duty. At 3:00 P.M., Claimant's
usual starting time as a Gate Operator, he was still filling in his overtime
assignment as a Laborer. Indeed, the Carrier did not release Claimant to
assume his regular assignment until 6:30 P. M. The Carrier should have continued to compensate Claim
P. M. to 6:30 P. M. Thus, the Carrier shall pay Claimant the difference between
the overtime rate and t-a straight time pay rate he received for three and
one-half hours.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
opo
Attest:
ancy J. Executive Secretary
Dated at Chicago, Illinois, this 3rd day of April 1992.