Award No. 71
Case No. 129
Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of Way Employes
DISPUTE: and
Seaboard System Railroad (former L&N Railroad)
STATEMENT "l. Carrier violated Rule 28(_1) when- rest days
OF
CLAIM: of Extra Gang 5590 were changed without proper
written notification as alluded by the Carrier."
"2. 'Claimants named therein will now be com
pensated 10 hours each at overtime for April 27,
28 and 29, 1984 and 10 hours at straight-time
for May 1, 2 and 3, 1984."
FINDINGS: Claimants are members of Extra Gang 5990. They
regularly worked four ten-hour days, Monday
through Thursday with Friday through Sunday as
rest days. For operational reasons, Assistant
Division Engineer Brooks asked each member of
the gang on April 23, 1984 if he would be willing
to change rest days to Tuesday, Wednesday and
Thursday. The entire gang agreed to the change
and it was confirmed by letter dated April 23,
1984 and delivered on April 30, 1984.
Each claimant was paid at straight time for
-363-"qw(j -71
working Friday, Saturday- and Sunday, April 27, 28 and 29, 1984 and,
after working Monday, April 30, they observed the next three days
as their rest days.
Under Rule 28(.1), regular assigned rest day
may be changed "after three days advance notice made by the management to the employes concerned...:"
So far as the record shows, that requirement was
duly observed in changing the rest days. All employees affected
were clearly notified of the change at least three days before it
was made. The Rule does not require that the three days advance
notice be in writing.
AWARD:
,Carrier Member
J
Claim denied.
Adopted at Jacksonville, Florida, ~~-
,/C(
Harold M. Weston, Chairman
Employee Member