SPECIAL BOARD OF ADJUSTi·.ENT t.0. 605
PARTIES ) Brotherhood of Railway, Airline and Steamship Clerks,
TO ) Freight Handlers, Express and Station Employees
DISPUTE ) and
Lehigh Valley Railroad
QUESTIONS
AT ISSUE: (1) Did Carrier violate the provisions of the February 7,
1965 Agreement, Article IV, :Section 1, when it refused
to include in the normal rate of compensation for protected
employe Edward R. Mendyke the overtime compensation which
he received on each and every Saturday in the regular
position to which he was assigned on October 1, 1964?
(2) Did Carrier violate the provisions of the February 7,
1965 Agreement when it refused to allow Edward R. Mendyke,
Clerk at Buffalo, New York, the normal rate of compensation
of the position to which he was regularly assigned on
October 1, 1964 following his displacement from this posi
tion on or about March 19, 1965?
(3) Shall the Carrier now be required to allow Mr. Mendyke the
normal rate of compensation (including assigned overtime)
for the position to which he was regularly assigned on
October 1, 1964, commencing with April 1965 and continuing
until such time as he is properly compensated in accordance
with the Agreement provisions?
OPINION
OF BOARD: The facts indicate that from December, 1962, until displaced on
March, 1965, the Claimant was regularly assigned to the Clerk
position at Buffalo. The Bulletin for said position provides
for a rate of pay of $492.69 per month for the assigned hours.
In addition, there is also included a three hour call period Saturdays.
The issue involved herein concerns the question~whether under
Article IV, Section 1, in calculating the normal rate of compensation, the
three hours overtime pay should be included therein. In support thereof,
the Organization contends that the Claimant received such overtime from
the time he started working on this position in 1962, until displaced; and
that the present incumbent has received the same since that period of time.
In our view, such overtime is included in the normal rate of
compensation for the reasons set forth in Case
No.
CL-22-W, Award
No.
46
and Case No. CL-29-W, Award No. 47, Special Board of Adjustment No. 605.
r
Award No. C;8
We are, therefore, adhering to our conclusion reached therein and incorporate by reference the pertinent portions thereof.
Award:
Answer to questions 1, 2 and 3 is in the affirmative.
~~, /fit ` ~. ,
Murra M. Rohman
Neu al Member
Dated: Washington, D. C.
April 18, 1969
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