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0 SPECIAL BOARD OF ADJUSTIENT N0. 167

P

Y AWARD N0. L

Organization?s File Carrier?s File

102-A-14 CL-10-53

STATEMENT OF CLAIM:

E?Claim of the System Committee of the Brotherhood that

i?(1) The rules of the Clerks? Agreement were violated and have continued to be violated when assigned hours of a position titled ?Engine Dispatcher? at Helper Yard Office are designated from 3:00 A.M. to 12 o?clock Noon, with meal period specified 8:30 A.M. to 12 Noon, less meal period.

X7(2) That Mr. 11. J. Kloepfer, and/or his successors, be paid three (3) hours at time and one-half for all time held on duty after 8:00 A.M., i.e., 5:00 A.M. to 12 Noon, less meal period.4

FLZINGS: Formerly engine dispatchers were employed on round-the-clock

basis at the Helper Yard Office. One position was later abolished and the

two remaining positions assigned to start, one at 3 A.M. and the other at

3 P.M. Claim is based on Rule 35 requiring that when three consecutive

shifts are worked covering the 24-hour period, no shift will have a starting

time after 12:01 A.M. and before 5:01 A.M.

When the third shift of the engine dispatcher position was abol

ished, the work had not disappeared but continued and was performed by the

occupant of the third shift bill clerk?s position, on which three consecutive

shifts were worked.

The assignment of that work to the bill clerks and their acceptance

of it demonstrates that it came within the same class as the work regularly

assigned to them. Accordingly the starting Rule 35 applied and claim is

sustained at the pro rata rate.

Award No. li.

AGTARD: Claim sustained as per findings.

/s/ Mortimer Stone

Mortimer Stone

Chairman, Neutral Member

/s/ D. L. C1ave1

D. L. Clavel

Carrier Member

/s/ VTm. J. Donlon

Wm. J. Donlon

Organization Member