SPECIAL BOARD OF ADJUSTMENT N0. 169
PARTIES The Brotherhood of Railway and Steamship Clerks
TO
DISPUTE) St. Louis Southwestern Railway Company
STATE iNT OF CLAIM: Claim of the System Committee of the Brotherhood:
(1) That Carrier violated the Clerkst current Agreement when it required
certain employees in the office of Auditor Disbur.sementst Tyler, Texas, to suspend
their regularly assigned duties on January 22, 23 and 24, 1951, to assist Mr.
V. 0. Magrr11, Railroad Retirement Act and Social Security Clerk, in preparation
of the Government 1d-2 forms, work normally attached to Magrill?s job, to avoid
overtime work that otherwise would have been necessary to complete compilation
of the forms within the time designated by the Auditor.
(2) That the following employees be reimbursed at the straight time rate of
their regular positions as follows:
Assistant Accountant, T. H. Whatley, 4 hours,
Clerk-Pliscel?aneous Accounts-Fuel, Wade Ellis; 14~ hours,
Assistant Accountant, 6F. S. Waddell, 12-hours,
Head Timekeeper, C: R. Morris, 2z hours,
Roadway Timekeeper, H. E. Gilley, 7 hours,
Roadway Timekeeper, C. Little, 2 hours,
Keypunch Operator, Mrs. Nelda Bryant, 2 hours.
(3) That RRA and SSA Clerk, V. 0. Magrill be reimbursed at time and one-half
rate for forty four and one-half hours.
FINDINGS: The principle involved in this case was disposed of in Award No. 29,
which denied a case similar to this in which the presumption that over
time would have been worked was rebutted by proof and Employees were unable to
prove beyond the realm of speculation that overtime would have been worked. This
case falls in the same category as the case in iidchAward No. 29 was written.
AM:
Claim denied.
/s/ Frank P. lk,u7lass
Frank P. Douglass, Chairman
/s/ W. E. Straubineer /s/ L. C. Albert
T.^T. E. Straubinger, Employee Member L. C. Albert, Carrier Member
Tyler, Texas
April 23, 1957.