SPECIAL BOARD OF ADJUSTMENT N0.
173
Award No. 20
PARTIES TO DISPUTE: Brotherhood of Railway and Steamship Clerks,
Freight Handlers, Express and Station Employes
Union Pacific Railroad Company
STATEMENT OF CLAIM: "(a) That Carrier violated the Clerkst Agreement, effective
May 1,
1955,
when it failed to compensate Paul A, Carmody
at Seattle, Washington at rate of time and one-half for services rendered on
November
13, 1955,
his sixth day, and
"(b) That Carrier shall now compensate Paul A, Carmody the
difference between the prorata rate he was paid and the rate of time and one-half
he should have been paid for services rendered on date of claim."
FINDINGS: The Board, upon the whole record and all the evidence, finds that:
The Carrier or Carriers and the Employee or Employees involved in this
dispute are respectively Carrier and Employee within the meaning of the Railway
Labor Act, as approved June 21,
1934.
The Board has jurisdiction over the dispute involved herein. The parties
to said dispute were given due notice of hearing thereon,
Taking cognizance of the meaning which Rule 41 (i) of the May 1,
19.55
Agreement places on the term "work week", it follows that claimant began working in
a new work week on Thursday, November 10,
1955,
pursuant to the terms of the newly
inaugurated work schedule. Thus, Sunday, November
13, 1955,
was in fact, the fifth
work day of the revised Wednesday to Sunday work week, and not, as here alleged, the
sixth work day of the previous work week which had started on Tuesday, November
8,
1955.
In that claimant did not work in excess of five days in the scheduled work
week effective November 10,
1955,
this claim is without merit, See Award
7320,
National Railroad Adjustment Board, Third Division.
AWARD: (a) The failure to compensate Paul A. Carmody at Seattle, Washington, at
time and one-half rate for services rendered on November
13, 1955,
was
not a violation of the Clerks' Agreement.
(b) Claim denied.
SPECIAL HOARD OF ADJUSDiENT N0.
173
/s/ Harold M. Gilden
Chairman
Salt Lake City. Utah
June 20,
1958