C
0 Award No. 11
P Y Docket No. 11
SPECIAL BOARD OF ADJUSTMENT NO.
166
BROTHERHOOD OF RAILIFAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION F24FLOYES
versus
14ISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the Genera1Committee of the Brotherhood of Railway
and Steamship Clerks; Freight Handlers, Express and Station
Employes on the Missouri Pacific Railroad, that the Carrier violated the Clerks,
Agreement:
1. When, on Saturday, January
28
and Saturday, March
24, 1956,
the Carrier
utilized Chief Accountant J. P. Carroll, seniority date of July 13,
1913,
Auditor Station Accounts office, to work on authorized overtime
and failed
and refused
to utilize Clerk L. G. Echelmeyer, the incumbent
of the work, whose seniority date is June
18, 1947
(1),
and who
was
qualified and was justly entitled to perform the work and be paid for
same;
2.
Clerk L. G. Echelmeyer shall be reimbursed for the wage loss he was
forced to sustain, amounting to
;150.16,
account Carrier9s violation
of Agreement, Rule
25
(b).
FINDINGS: It appears that the overtime work performed in this case was not of the
same nature as that normally performed in the office. Rule
25(b)
contains
an interpretation for the application of that rule to the Accounting Department
which provides in part as follows:
'When it is necessary to work overtime on work that does not constitute the
re.-ular assigned duties during regular assigned hours, the senior qualified
employes assigned to positions performing work of the same nature or class
and in
the rate range comparable to the rates attaching to the work to be
performed will be utilized in the order of their seniority
;f
x
*0
It is shown that the work performed was in some ways similar to the
regular duties of the claimant. There is no showing as to what are the regular
duties of the Chief Accountant who performed the work. In fact, the Carrier declined the claim, not on the basis of similarity of work as required by the rule,
but on the basis of using the senior qualified employe in the office. Under the
circumstances shown, the claim must be sustained.
_ Claim sustained.
SPECIAL BOARD OF ADJUSTMENT N0. 166
/s/ Dudley- E. Whiting
Dudley E. Whiting -- Chairman
/s/ Ira F. Thomas /s/ G. Td.
Johnson
I. F. Thomas - Employe Member G. W. Johnson - Carrier
St. Louis, Missouri Member
January
17, 1957
C Award No. 11
0 Docket No. 11
P INTERPRETATION
Y
SPECIAL BOARD OF ADJUSTMENT N0. 166
BROTHERHOOD OF RAILIqAY AND STEAMSHIP CLERKS,
FREIGHT HANDLMS, EXPRESS AND STATION EMPLOYES
VERSUS
MISSOURI PACIFIC RAILROAD COMPANY
The request for interpretation in this matter is due to the fact
that the Board made no mention of the Carrier contention that Awards of the
Third Division have held that the penalty rate for time not worked is pro
rata.
We recognize that under the awards pro rata is generally the
correct penalty rate for time not worked; however, there are some exceptions
to. that rule when the work cannot be performed at pro rata under the Agreement such as, for example, holiday service. The work here involved comes
within such an exception because the work could not be performed under the
Agreement at pro rata so the Board found that the claim should be sustained
as requested.
SPECIAL BOARD OF ADJUSTMENT N0. 166
/s/ Dudlev E. Whitin.
Dudley E. Whiting - Chairman
Ls/
I. F. Thomas /s/ G. W. Johnson
I. F. Thomas - Employe Member G. W. Johnson - Carrier Member
St. Louis, Missouri
April 11, 1957