COPY
CRG. FILE 14-56
CARRIER FILE 140··311-6 A'hTARD N0. 20
NRAB FILE CL-7903 CASE N0. 20
SPECIAL BOARD Or ADJUSTMENT N0. 174
PARTIES The Brotherhood of Railway and Steamship Clerks,
Freight Handlers, Express and Station Employes
TO
DISPUTE The Atchison, Topeka and Santa Fe Railway Company
STATMENT OF
CLAIM: Claim of the System Committee of the Brotherhood that:
(a) Carrier violated the rules of the Clerks' Agreement when it
reduced Mr. J. L. Pisel's work week to 4 days; and,
(b) Mr. J. L. Pisel shall now be compensated for 8 hours at pro
rata Callers rate for February 20, 1954, when such violation of agreement
occurred.
FINDINGS: Special*Board of Adjustment No. 174, upon the whole record and all
the evidence, finds and holds:
The Carrier and Employes involved in this dispute are respectively
Carrier and Employes within the meaning of the Railway Labor Act as amended.
This Special Board of Adjustment has jurisdiction'over this dispute.
Claimant held a regular assigned position with rest days Sundays ,:
and Mondays. On February 17 he was notified that, effective at tie close of
work on February 19, his assigned rest days were changed to Saturdays and
Sundays.
The assigned rest days during February are shown by the follovring
table in which the rest days are placed in parentheses:
S M T W T F S
(1) 2
3
4 5 6
(7) (8) 9 10 11 12 13
(14) (15) 16 17 18 19 (20)
(21) 22 23 24 25 26 (27)
(28)
The notice of the change in assigned rest days given by the Carrier
satisfied the 48-hour advance notice requirement of Article VI Section 10-j
of the Supplemental Agreement dated May 7, 1949 (Forty Hour Week Agreement);
and the Carrier contemporaneously with the giving of notice on Wednesday
February 17 declared the assignment vacant at the close of work on Friday
9
SBA try
-AND 2D
February 19 and rebulletined the position for bide as required by Article VI
Section 6-b which also provided that
11the former incumbent may be required to remain
on the position until so filled."
Claimant remained on the position during the period of its readvertisement
until the close of bulletin on Tuesday February 23 when he was declared the
successful bidder.
Claim is made for a days pay because Claimant failed to work the
fifth day of the third calendar week of February.
First. Under the rules the Carrier may change the assigned rest days and
hence the work week,, provided proper notice is given under Article VI Section
10-3; and it stands admitted that proper notice was given.
And while Article VI Section 6-b declares that a position shall be
declared vacant when the rest days are changed, the Section does no more than
to declare the position vacant, and the action taken by the Carrier did not
abolish the position.
Second. Article VI Section 10-i provides that a work week for regularly
assigned employes shall mean "a week beginning on the first day on which the
assignment is bulletined to work.'
Since this Section does not authorize the establishment of a work
week to start on ri rest day and since Section 6-b does not authorize anything
more than the declaration of a vacancy in the old position, it follows that
the new position did not come into effect until Monday February 22, the first
day it was bulletined to work; and that the day tinder claim, Saturday February
20, was therefore a work day under the old position which Claimant was improperly denied the right to work.
Third. Under both the old and the new assignments Sunday February 21 was
not a day bulletined to work under either assignment and there is therefore
no possible basis for claim as to this day, and no such claim is made.
This conclusion is reached after examination and upon consideration of Awards 5854, 599$, 6211 and 6281 submitted by the Carrier and
Awards 6519, 7319, 7324, 8077, 8103 and 8104 submitted by the Organization.
A W P R D
Claim sustained.
Is/
Hubert Idyckoff
Chairman
Isl
F. D. Comer
Isj
W. Ray Clark
Carrier Member Employe Member
Dated at Chicago, Illinois, October 9, 1959.