ORG. FILE K-36-5 AWARD N0. 20
CARRIER FILE D-2716 CASE N0. 20
NRAB FILE CL-9"2



PARTIES The Brotherhood of Railway and Steamship Clerks,
Freight Handlers, Express and Station Employes
T'0

DISPUTE St. Louis-San Francisco Railway Company



1, The Carrier violated the terms of the currently effective Agreement between the parties when on February 5, 1956 it reduced the motoroperator janitor position from a seven-day position to a five-day position,, abolished the relief position which relieved the motor operator-janitor on his rest days, and assigned the work thereof to Group 1 yard clerks,

2. The senior extra Group 3 employe now be paid a days pro rata pay at the rate of the motor operator-janitors position for Saturday, February 11th, Sunday, February 12th, and each Saturday and Sunday thereafter until corrected.



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.

This claim presents the question whether the Agreement prevents the Carrier from assigning the work of loading and unloading mail and baggage to Yard Clerks on the rest days of a Group 3 Motor Operator-Janitor position.

The work in question was part of the assignment of a regular relief Group 3 position which relieved a Motor Operator-Janitor position (3:00 P, M. to 11:00 P. M.) prior to the date of claim,

The Carrier reduced the Motor Operator-Janitor position to a five day position, abolished the relief position, and assigned the rest day work of the position to Yard Clerks employed in Group 1.

The rest day work in question included the operation of a fork-lift in the handling of mail and baggage from a train due 8:45 P. T'1. The train stands at the station 20 minutes; and it takes about 10 minutes to take the mail from the Post Office mail truck and another 10 minutes to work the train.
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        "Where work is required by the Carrier to be performed on a day which is not a part of any assignment, it may be performed by an available extra or unassigned employe who will otherwise not have 40 hours of work that week; in all other cases by the regular employe.1t


    Third. There is further the provision of Rule 48, the last sentence of which provides that "employes regularly assigned to class of work for which overtime is primarily necessary shall be given preference." The class of work here performed on the rest days of this Group 3 position was the same on these rest days as on the five days of the employers assignment. In connection with Rule 48 the Carrier agreed in its file 3001-53 dated November 15, 1946 as follows:


        "In connection with this subject you brought up Rule 48 and I advised you that time worked on Sundays and holidays would be considered overtime and such overtime handled on basis provided for in Rule 48, This, of course, not to apply to positions necessary to the continuous operation of the Railway where regular rest day is assigned under Rule 50.x"


    Fourth. Rule 44 (b) of the 1946 Agreement provides:


        "Employes called to work on Sundays or assigned day off duty in lieu thereof and specified holidays shall be allowed a minimum of eight hours at time and one-half rate, except as otherwise provided in Rule 50 (Sunday and Holiday Work).1t


    The parties are in dispute over the provisions of this Rule (see SBA No. 194 Award 23) and the dispute has been submitted to the Forty Hour Week Committee,


                              A W A R D


              Item 1 of the claim sustained.


                                -2-

' AWARD N0. 20

    Item 2 of the claim remanded for final disposition in accordance with the decision of the Forty Hour Week Committee and this award.


                        /s/ Hubert Wyckoff

                            Chairman


        /s/ T. P. Deaton /s/ F, H. Wright

        Carrier Member 1hploye Member


    Dated at St, Louis, Missouri August 6. 1958.