CASE N0. 28
' SSW FILE 47-429-13
SPECIAL BOARD OF ADJUSTMENT N0. 353
PARTIES) Transportation-Communication Employees Union
)
TO )
DISPUTE) St. Louis Southwestern Railway Company
STATEMENT
OF CLAIM:
Claim of the Gerteral Committee of the TransportationCommunication Employees Union on the St. Louis Southwestern Railway,
that:
1. Carrier violated the Agreement between the parties when
it improperly compensated W. L. Carroll on April 24, 1964.
2. Carrier shall compensate W. L. Carroll in the amount of
eight hours straight time pay at the rate of the agent-telegrapher
position at Addison, Texas, less compensation already allowed.
OPINION OF BOARD:
On April 24, 1964, Claimant was assigned as agent-telegrapher
at Addison, Texas, with assigned hours of 4:00 P.M. to 1:00 A.M.
one hour for lunch, Tuesday through Saturday. On April 24, Claimant
reported for work at 4:00 P.M. and worked until 5:00 P.M. Because
of a shortage of telegraphers, Claimant was instructed to report to
P1ano,.Texas, for duty beginning at 6:00 P.M.
Claimant went off duty at Addison at 5:00 P.M. and reported
for duty at Plano at 6:00 P.M. and worked at Plano until 2:00 A.M.,
April 25.
Claimant was paid one hour at the straight time rate for
work performed 4:00 P.M. to 5:00 P.M. at Addison and eight hours,
at the time and one-half rate for work performed at Plano.
The Employes filed claim for eight hours at the straight
time rate on the Addison position, less compensation already received for working on this position. This claim was denied by
Carrier.
- 2 - AWARD N0. 25
Employes admit that Claimant was properly paid for working
at Plano. The question here is what is Claimant entitled to for
working for part of a day on his own assignment.
Carrier contends that Claimant was properly compensatedunder Article 16 of the agreement. The Employes rely on other rules
to support their position.
Article 16 reads as follows:
"Regularly Assigned Employees Performing Relief Work
"16-1. A regularly assigned employe who is taken off
his assignment to perform relief or emergency work
at an office or station other than the one to which
assigned Will be compensated at the rate of time and
one-half the straight-time rate of the position filled,
' and shall be paid actual necessary expenses while away
from his home station.
"16-2. A regularly assigned employee used to perform
relief or emergency work in the office to which assigned
will be paid the rate of the position worked or the
rate of the position to which regularly assigned, whichever is the greater, and will be paid at the rate of
time and one-half only for the hours worked outside of
his regularly assigned hours, or for the time worked in
excess of eight hours on any day."
It is clear to the Board that Claimant was properly paid under
Article 16 and other rules of the agreement have no application here.
Article 16 cannot be construed to provide payment for hours of a
regular assignment not worked in addition to time worked on a relief
assignment. ,
_ ~- L
We will deny the claim. ~i
FINDINGS: That the agreement was not violated. _ £ `~yi~i
AWARD: Claim denied.3~ ~_
i y
Don J. Harr, Chairman
/j ./~
~~r
D. A. Bobo, Employee Member M. h. Erwin. Carrier Member
Tyler, Texas
Decepber 28, 1966