SPECIAL BOARD OF ADJUSTMENT N0.
525
AWARD
No. 29
CASE
N0. 29
GRAND DIV.: ORT 3244
ORGANIZATION FILE
:
--
CARRIER FILE:
R-1213
TE-6-60
EMPLOYES' STATEMENT OF CLAIM
:
1. The Carrier violated the terms of an agreement between
the parties hereto when commencing Wednesday, March
30, 1960,
it changed
the hours of assignment at Thompson.. Utah, contrary to the provisions
of Rule 12(B) of said agreement.
2. The Carrier shall, because of the violation set out in
item 1 of this statement of claim., compensate Agent-Telegrapher C. R.
Brostrum for two (2) hours and fifteen (15) minutes for each day, Tuesday through Saturday and Relief Agent-Telegrapher L. C. Brownell for
two (2) hours and fifteen (15) minutes for each Sunday and Monday commencing March
30, 1960,
and so long thereafter as the violation continues.
SPECIFIC FINDINGS:
Prior to March
30, 1960,
Agent-Telegrapher's position was assigned 7:15 A.M. to
3:15
P.M. seven days per week and second Telegrapher's position was assigned
9:45
P.M. to
5:45
A.M. seven days per
week. On March
30, 1960,
after serving the required
36
hours notice
to the employees affected, the hours of assignment of the Agent Telegra-.
pherts position, first mentioned above, was changed to
9:30
A.M. to
5:30
P.M. seven days a week to meet service requirements. The hours
of the second trick or night telegrapher remained unchanged.
The Organization complained that the change was made without
conference or agreement which it contends was required by Rule 12(R).
The Carrier contends that there is no provision in Rule 12 or
in any other rule of the Agreement which prohibits it from establishing
S(3fl
has
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0 29
or changing the starting time at offices where only two men are employed
without prior agreement. Carrier further submits that thirty-five years
practice supports its contention.
Rule 12(B), which the Organization relies upon, reads:
"The spread of the starting time shall be fixed by
agreement between the duly authorized representatives of the Carrier and the duly authorized representatives of the employes.?'
Rule 12(A), upon which Carriers position rests, reads:
"(A) Regular assignments shall have a fixed starting
time and the regular starting time shall not be
changed without at least thirty-six (36) hours
notice to the employes affected."
ISSUE: Which applies to the instant dispute?
The Carrier contends the term "spread of the starting time" has
always been interpreted to mean specific time periods in which shift assignments must be started, i.e... between 6:00 A.M. and 9:00 A.M. and 6:00 P.M.
and 9:00 P.M. for one shift assignments; that no time spread has been agreed
upon with the Organization for two-man offices; that the rule places equal
responsibility on the parties to agree upon "spread of the starting time;"
that Carrier cannot be held to have violated something which had not been
agreed upon; the Organization cannot veto change made by Carrier.
Past practice cannot negate a clearly stated rule such as Rule 12(B).
Here it is obvious that Carrier did not attempt to comply with
Rule 12(B).
The appropriate penalty is to require payment to the incumbents
' the prorita rate from 7:15 A.M.., the original starting time of the shift,
-to 9:30 A.M. to which hour it was unilaterally changed.
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Claims sustained.
SPECIAL BOARD OF ADJUSTMEIJT N0. 525
Denver, Colorado (Signed) J. Gs.erin Dcnaldson
March 12, 1964 J. Glenn Donaldson Neutral Member
Chairman
(Signed) R. K. Anthis
R. K. Anthis, Organization Member
(Signed) C. E. Baldridge (Dissent)
C. E. Baldridge, Carrier Hember
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