C AWARD N0. 11
0 NRAB DOCKET N0. 01,8262
P CASE N0. 10
Y SSW FnE R-51-1028-22
BRC FILE D?R-27-32
SPECIAL BOARD OF ADJUSTMENT N0. 169
PARTIES) The Brotherhood of Railway and Steamship Clerks
TO
DISPUTE
3
St. Louis Southwestern Railway Company
STATEMENT OF
CLAIM: Claim of the System Committee of the Brotherhood:
(1) That Carrier violated the Clerks' current Agreement when it failed to
compensate I4r. James W. Allen, Florida Street Station, St. Louis, Missouri, at
punitive rate of pay for work in excess of eight hours in a day.
(2) That James 6-1. Allen be paid the difference between pro rata rate of pay
and punitive rate of pay for Check Clerk position on March 16, 1954.
FINDINGS
: Claimant James TV. Allen was regularly assigned to a Group 3 positbn,
at the same time holding Group 1 seniority, and performed extra work
in Group 1 in line with his seniority. On the date for which claim is made here,
claimant had worked his regularly assigned position in Group 3 and was used in
Group 1 on a position starting work prior to expiration of twenty-four hour
period commencing orith starting time of position worked in Group 3. He was paid
straight time ratesfbr the work performed in the Group 1 position and claims time
and one-half for that part of the work that was performed within the twenty-four
hour period in which he had performed service in Group 3. Claim is based on the
straight overtime rule in the current agreement.
The question of whether in the exercise of seniority, as in this instance,
overtime rates apply for the time worked within the twenty-four hour period, as
here, has long been considered in the railroad industry. The first instance was
in 1918 when the Director General of Railroads, United States Railroad Administration, made interpretation in Question and Answer No. 19 to Interpretation 8 of
Supplement 7 to General Order 27. That decision was as follows:
"DECISION - The employee will be paid overtime at the rate of
time and one-half. This will not apply where employees alternate
between shifts for their own conveniences or due to seniority
changes." '
Subsequent thereto, in 1937, a previous General Chairman on this property in
seeking a clarification of the method in which men were being permitted or not
being permitted to exercise their seniority to a Group 1 position after having
worked a shift in another group within the twenty-four hours, insisted that in
instances where employees are exercising their seniority rights from one seniority
class to another seniority class must be permitted to exercise their seniority but
that only straight time rates of pay would be involved in such a situation. After
Award No. 11
considerable correspondence, the position of the General Chairman was accepted by
the railroad, but in the answering letter only a Group 2 job was mentioned. The
Organization now contends that inasmuch as only Group 2 was mentioned in that
correspondence that it did not apply to Group 3 men as in this instant case.
The Board is unable to find any distinction in the agreements between the
application of Interpretation 8 to Supplement
7
to General Order 27 and is of the
opinion that the application as stated in Interpretation 8 is applicable to both
Group 2 and Group 3 employees. Therefore, we can find no basis upon which we
could make a sustaining opinion in this case.
Claim denied.
/s/ Frank P. Doualass
Frank P. Douglass - Chairman
/s/ ?7. E. Straubinjer
Is/
L. 0. Albert
67. E. Straubinger, Enployee Member L. C. Albert-, Carrier Member
(Llnployee Member dissents based on
Awards
6563
and
4549.)
Tyler, Texas
March 18,
1957.