(a) Time worked by hourly-rated employes preceding or following and continuous with a regularly assigned eight-hour work period shall be computed on actual minute basis and paid for at time and one-half rates, with double time computed on actual minute basis after sixteen hours of work in any twenty-four hour period. In the application of this Section (a) to new employes temporarily brought into the service in emergencies, the starting time of such employes will be considered as of the time that they commence work or are required to report.

(b) liourlv-rated employes required to work continuously from one regular work period to the same work period the following day ,hall receive double-time at the basic hourly rate during the second regular work period until relieved. In the case of employes required to work continuously from one regular work period to another, relief from work during the second regular work period will not be considered as suspension of work during regular assigned work period for the purpose of absorbing overtime within the intent of Rule 7.

(c) Hourly-rated employes used in place of regular emploves. or in place of regular incumbents of relief positions, will be paid at the rate of time and one-half for work performed on such relieving emplove's rest days. Unassigned employes who are not assigned to a regular work period who are called for special or emergency service will be paid at the overtime rate for all time worked outside of the hours of regular assignment of the

regular assigned employes with whom used, or the regular hours of the employe regularly assigned to the section on which used.

(d) When a portion of a gang is required for overtime service, the senior employes of the classes of the gang involved shall, if available, have preference to such overtime work or service.

(e) Monthly rates of positions listed in Rule 39(a) cover all services rendered, except as provided herein. The pro rata hourly rate for such positions shall be determined by dividing the monthly rate by 213 hours. In computing future wage adjustments for monthly-rated employes 213 hours shall be used as the multiplier.

Employes compensated on a monthly basis shall be assigned one regular rest day per calendar week, Sunday, if possible, and rules applicable to other employes covered by this agreement are applicable to service on such day. Ordinary inspection, construction or maintenance work will not be required on the sixth day of the work week, and employes directed to perform such work shall be compensated therefor at the applicable overtime rate. Employes required to perform service on a designated holiday will be compensated therefor pursuant to Rule 11.

When signal gangs or consolidated signal shop forces are required to work in excess of a normal eight-hour day for three or more days in the first rive days of the work week. the Foremen shall be paid overtime at their hourly rate for actual time worked in excess of eight (8) hours per day by the gang or force they supervise that week. Monthly- rated employes directed to perform service in excess of 213 hours in any calendar month shall receive overtime at the applicable rate for hours in excess thereof, excluding compensated overtime hours."

The Claimant in this case was regularly assigned to the first shift Retarder Yard Maintainer position which worked from 8:00 A.M. to .1:00 P.M., Monday through Friday, at North Platte, Nebraska. The Maintainer operations at this 2.l-hour location consists of three regular assigned shifts daily. On the claim date. Monday, September 5. 1995, which was one of the paid holidays designated in Agreement Rule 9 - REST DAY AND HOLIDAY SERVICE, Carrier exercised its prerogative to blank the first

and second shift Maintainer positions. The incumbents thereon were paid eight hours at their regular pro-rata rate as required by Rule 9. The third shift Maintainer position was worked on the hofdav, and the incumbent thereon was, in accordance with the requirements of Rule 9, paid at the time and one-half rate for the work performed on the holiday.

The Organization in their progression of the instant claim argued that the third shift position which was worked on the holiday was an "overtime opportunity" which should have been offered to the Claimant under the provisions of Rule 10(4) because he was the senior employee. During the on-property handling of the dispute, the Organization argued that under Rule 4 the Carrier was "obliged by Agreement to work one shift with a starting time between 06:00 a.m. and 08:00 a.m." However, in their presentation to the Board, the Organization did not pursue this argument and, in fact. did not explain how the provisions of Rule 4 were involved in this situation.

The Carrier's position centered on the argument that there was no "overtime" work per se involved in this dispute. Rather, it contends that the provisions of Rule 9 were properly applied: that the first and second shift positions were properly blanked on the holiday; and that the time and one-half payment to the third shift position was an application of the holiday pay agreement. it was not "overtime" work and it did not create a penalty situation.

After reviewing the language of the Rules which have been cited in this case, the Board finds no justification for the claim as presented. The three-shift operations which existed at the location in question was not changed because of the holiday. The senior employee had the benefit of his greater seniority by owning the first shift position. His seniority rights were not violated because his regular position was blanked on the holiday. There was no "overtime" work as contemplated by Rule 10 performed in this situation. Neither was there any violations of either Rule 4 or Rule 10 when the regular third shift position was worked on the holiday. The claim as presented is denied.

SWARD