SPECT-AL BOARD OF ADJUST14ENT NO. 605
PARTIES ) Erie Lackawanna Railroad Company
TO THE ) and
DISPUTE ) Transportation-Communication Employees Union
QUESTION
AT ISSUE: Does the Carrier violate Article IV,
Section 1 when it refuses to include
compensation for overtime regularly
worked by a protected employee on his
position as of October 1, 1964 as a
part of his normal rate of compensation?
OPINION
OF BOARD: This is another in the series of cases in which
it is claimed that the regular performance of over
time for a period up to October 1, 1964, requires
that such pay be computed in the guaranteed compensation of
protected employees.
In various Awards, most recently Award No. 227, it
has been held that overtime which was worked as needed, and
could be discontinued at will, was not intended by the February
7 Agreement to be so included. The frequency or duration of
such additional earnings did not bring them within the definition of "normal rate of compensation" as used in Article IV.
A W A R D
The answer to the Question is No.
ju. ~~t , ~_~. .~v
Milton Friedman
Neutral Member
Dated: July ~, 1971
Washington, D. C.