CASE N0. 51
DOCKET N0. 97
BU-5878-33 `
SPECIAL BOARD OF ADJUSTMENT N0. 355
Parties: THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET NO. 97
STATEMENT
OF CLAIM:
1. Carrier violated the Agreement between the parties when it failed
and refused to compensate L. R. Sipple the full amount of vacation
allowance due for 1958.
2. Carrier shall compensate L. R. Sipple for one hour and thirty
minutes at the time and-one-half rate on each of the fifteen
vacation days in addition to the amount already received.
FINDINGS:
There are here present claims and counter claims from each party under
the Time Limits Rule. The record thereon is hazy, to say the least.
Because this docket is one of those embraced by the parties in their
agreement creating this Special Board of Adjustment, we will consider it on its
merits without respect to the Time Limits issue.
Claimant was allowed one hour thirty minutes overtime, 5 days per week,
account meeting Train No. 9 and handling mail. He retired November 26, 1957.
Organization asserts this additional payment attached to the job Claimant held
beyond January, 1958.
Article 7-B of-the Vacation Agreement states-that "an employee paid a
daily rate to cover all services rendered, including overtime, shall have no deduction,made from his established rate on account of vacation allowances made
pursuant to this agreement."
The parties are agreed in their Joint Statement of Facts that Claimant
was paid the extra allowance "account meeting Train No. 9 and handling mail."
It being a daily service rendered at the Carrier's request we cannot agrew
that it now constitutes "merely casual unassigned overtime."
A sustaining award is in order.
A_ _W _A _R _D
Claim sustained.
/s/ B. N. Kinkead /s/ Edward A. Lynch /s/ T. S. Woods
N. K ncea - E war A. Lynch . Woods
Employee Member Chairman Carrier Member
Dated at Baltimore, Maryland,
this 20th day of February, 1962.