FIRST DIVISION NATIONAL RAILROAD ADJUSTMENT BOARD CHICAGO, ILLINOIS VOLUME 112 AWARDS 16031 to 16110 CHAMPLIN-SHEALY COMPANY 100 N. LaSalle Street Chicago 2, Illinois 365 Printed in U. S. A. 39 South La Salle Street, Chicago 3, Illinois Engineers-Firemen Supplemental Board, with Referee Alfred A. Colby PARTIES TO DISPUTE: BROTHERHOOD OF LOCOMOTIVE ENGINEERS SOUTHERN PACIFIC COMPANY (Pacific Lines) STATEMENT OF CLAIM: "Claim of Engineer N. E. Beebe, Sparks District, Salt Lake Division, for 8 hours at time and one-half in lieu of two hours previously allowed, August 21, 1949." EMPLOYES' STATEMENT OF FACTS: There is in evidence an agreement between the Carrier and its engineers bearing an effective date as of May 1, 1942, (hereinafter referred to as the current agreement) copy of which is on file with the Board and is hereby made a part of this submission. Engineer Beebe, assigned to the extra list of engineers at Imlay, was filling a vacancy in yard service at Carlin, Job No. 600. He reported for duty at 11:00 P. M., August 20, and remained in continuous service until he went off duty at 9:00 A. M., August 21. He was allowed one yard day and two hours overtime. Claim made for 8 hours at 3/16ths of the daily rate. Claim denied. Train R/882 arrived at Carlin at 7:10 A. M. August 21st. The second part of Train fourth OS-17 and first part of Train OS-18 arrived Carlin at 7:20 A. M., August 21, 1949. The switching performed by Engineer Beebe subsequent to 7:20 A. M. was upon the two latter trains. Said switching was not programmed prior to 7:00 A. M. POSITION OF EMPLOYES: At Carlin on date in question there were three yard engines assigned to work under the provisions of Section 1(h), Article 11, Engineers' Agreement, reading: "(h) Where three eight-hour shifts are worked in continuous service, the time for the first shift to begin work will be between 6:30 A. M. and 8:00 A. M.; the second 2:30 P. M. and 4:00 P. M.; and the third 10:30 P. M. and 12:00 midnight.” The assignment filled by Engineer Beebe was on one of the engines working around the clock. The assignment was from 11:00 P. M. to 7:00 P. M. (eight hours). On August 21st he worked two hours overtime on the first shift, from 7:00 A. M. to 9:00 A. M. Claim is based upon the provisions of Article 11, Section 1(b) and (c), reading: 53 Shealy Eight hours or less shall constitute a day's work. overtime to be paid on minute basis at one and one-half times the hourly rate, according to class of engine. Time to begin when required to report for duty and to end at time engine is placed on designated track or engineer is released. Where engineers are required to register on and off duty, the time required to perform such service shall be construed to mean time on duty. (c) Except when changing off where it is the practice to work alternately days and nights for certain periods, working through two shifts to change off; or where exercising seniority rights from one assignment to another; or when extra men are required by schedule rules to be used, all time worked in excess of 8 hours continuous service in a twenty-four hour period shall be paid for as overtime, on the minute basis at one and one-half times the hourly rate, according to class of engine. Should engineer be held on duty account failure of relief engineer to report at time specified, he will be paid on basis of time and one-half overtime until relieved from duty. If engineer is held on duty beyond regular hours of assignment account of Company not furnishing relief, he will be paid a minimum of eight hours at time and one-half. The third paragraph of Article 11, Section 1(c), current agreement, specifically provides that if engineer is held on duty beyond regular hours of assignment account Company not furnishing relief, he will be paid a a minimum of eight hours at time and one-half. The second and third paragraphs of Section 1(c), Article 11, were incorporated into the Engineers' Agreement, December 29, 1922, following decisions in Cases 173 and 1278, Railway Board of Adjustment, No. 1. The Board will note from the facts that the work performed by the claimant was upon trains which arrived subsequent to the expiration of the hours of assignment. Also, it will be noted that said work was not programmed prior to the expiration of the hours of assignment. The Committee asserts that even had the work in question been programmed prior to the expiration of the hours of assignment (which we deny) it would indicate it was the predetermined intention of the Carrier to hold the claimant on duty beyond 7:00 A. M. to perform new work which under the facts and circumstances herein could not be considered as continuous service on work commenced prior to 7:00 A. M. for the sound reason that the trains in question did not arrive at Carlin until 7:10 A. M. and 7:20 A. M. respectively. Therefore, it is obvious that the work performed by the claimant giving rise to the claim, should have been commenced and performed by the engineer assigned to the first shift (7:00 A. M. to 3:00 P. M.) August 21, 1949. The conclusion is inescapable that the claimant was held on duty beyond the regular hours of assignment account the Company not furnishing relief. There are numerous settlements made with the Carrier on claims having like factual circumstances which support the instant claim. Several of these are attached herewith and identified as Employes' Exhibits "A", "B", "C" and "D". Your Honorable Board's attention is directed to its Award No. 11468. All data herein submitted have been presented to the duly authorized representative of the Carrier and are made a part of this particular question in dispute. The Committee reserves the right, if and when it is furnished with the submission which may have been or will be filed ex parte by the Carrier in this case, to make such further answer as may be necessary in relation to all allegations and claims as may be advanced by the Carrier in such submission, which cannot be forecast by the Committee at this time and have not been answered in this, the Committee's initial submission. Oral hearing is waived unless the Carrier requests same. CARRIER'S STATEMENT OF FACTS: 1. There is in evidence an agreement between the carrier and engineers employed by the carrier, represented by the petitioner, bearing effective date of May 1, 1942 (hereinafter referred to as the agreement covering engineers), a copy of which is on file with the Board and is hereby made a part of this submission. 2. On August 20, 1949, Engineer N. E. Beebe (hereinafter referred to as the claimant), filling vacancy on yard job No. 600 at Carlin, hours of assignment 11:00 P. M. to 7:00 A. M., reported for duty on that assignment at 11:00 P. M. using engine 2847. Prior to 7:00 A. M. August 21st the crew of job No. 600 was instructed to perform certain switching on train Second OS-17, which train arrived at Carlin at 6:15 A. M. and was called to depart at 7:45 A. M. That work was completed and the claimant went off duty at 9:00 A. M. The crew of job No. 601, assigned to relieve the crew of job No. 600, went on duty at 7:00 A. M. August 21, 1947, using engine 2544. 3. The claimant claimed 1 yard day computed from 11:00 P. M. August 20 to 7:00 A. M. August 21, 1949, and 8 hours at overtime rate of pay computed from 7:00 A. M. to 9:00 A. M. August 21, 1949. Said claim was declined by carrier's division superintendent and the claimant was allowed 1 yard day and 2 hours overtime computed from 11:00 P. M. August 20 to 9:00 A. M. August 21, 1949. The claim was again declined by the division superintendent when presented in behalf of claimant by petitioner's local chairman. 4. By letter dated November 17, 1949 (Exhibit A), petitioner's general chairman submitted to carrier's assistant manager of personnel, claim in behalf of the claimant for "eight hours at time and one-half in lieu of two hours previously allowed, August 21, 1949." The claim was discussed by the general chairman and assistant manager of personnel on December 8, 1949, and by letter dated December 28, 1949 (Exhibit B), the latter declined said claim. POSITION OF CARRIER: It is the carrier's position that the claimant has been fully and properly compensated in accordance with the following agreement provisions: "ARTICLE 11 SWITCHING SERVICE Basic Day Section 1. (b) Eight hours or less shall constitute a day's work, overtime to be paid on minute basis at one and one-half times the hourly rate, according to class of engine. Time to begin when required to report for duty and to end at time engine is placed on designated track or engineer is released. Where engineers are required to register on and off duty, the time required to perform such service shall be construed to mean time on duty. |