Form 1 N kfION kL IWLIZO kD WJLSTNIE\T BOARD
I IIIRD DIN ISIO\.
.award \'o. 31883
Docket `o. CL-32054
97-3-94-3437
The Third Di%ision consisted of the regular members and in addition Referee
John C. Fletcher -,%hen a%%ard %%as rendered.
(Transportation Communications International Union
PARTIES TO DISPI TE:
(Chicago, Central and Pacific Railroad Company
STATEMENT OF CLAI %I:
"Claim
of
the System Committee
of
the Organization (GL-11078) that:
(1) The Carrier ,iolated the Agreement between the Parties,
particularly Rules 2. 6, l l and Appendix 2, among others, when it failed
to properly compensate Clerk L. M. O'Connell for service performed on
Sundav, October 3, 1993.
(2) The Carrier shall now be required to compensate Clerk L. M.
O'Connell an additional four (4) hours, amounting to $66.-t8, the difference
between the straight time rate and that
of
time and one-half, for Sunday,
October 3, 1993."
FINDINGS:
The Third Division
of
the Adjustment Board, upon the whole record and all the
evidence, rinds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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 were given due notice of hearing thereon.
Form I .award No. 31883
Page _' Docket.1o. CL-3205.E
97-3-94-3-137
Claimant N%aN an extra or tutassigned Clerk at Waterloo, Iowa. In the workweek
beginning on Munda%. September 27. 1993 Claimant %,sorked five days filling a vacancy
on the position of CSR Clerk in Carrier's Central Billing Department. On Sunday,
October 3. 1993, Claimant's seventh day of her workweek, she was used to cover a
vacancy on the Transportation .Assistant position. Carrier paid her at the straight time
rate for this day. The claim before the Board seeks payment at the time and one-half
rate.
lie Board concludes that Claimant %%as entitled to be paid at the time and onehalf rate for any %-.o
Extra Board employee, the Rules applicable to the Extra Board control her
compensation entitlements, not special considerations that may only be applicable to
excepted employees. %Nben an Extra Board employee performs work on more than five
days within a workweek the employee is entitled to be paid at the time and one-half rate
for working on their sixth and seventh days.
The claim has merit.
.AWA.RD
Claim sustained.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 4th day of March 1997.