___ Award No: 5100
Docket No. 4220
2-MP-MA-'67
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the
regular members and in
addition Referee Paul C. Dugan when award was rendered.
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 2, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Machinists)
MISSOURI PACIFIC RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That under the current agreement W. J. Vaught, axle turner,
and J. 0. Pierce, machinist helper, were paid holiday pay for Thursday, November 24, 1960 and who were furloughed November 23, 1960.
2. On Thursday, March 23, 1961, Vaught and Pierce were called
back to service. On April 11 and 12, 1961 respectively, the amount
of holiday pay for Thursday, November 24, 1960 was deducted from
their earnings on the last period of March 1961. This claim is for
the recovery of such deduction.
FINDINGS: The Second Division of the Adjustment Board, upon the
whole record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
Claimants were paid holiday pay for Thanksgiving, November 24, 1960.
Carrier claims that Claimants were paid by mistake and the amount of the
holiday pay was deducted from Claimants' earnings. This claim is for the
recovery of said holiday pay.
The Organization's contention in regard to the alleged violation of Rule
31 of the Agreement by the Carrier for failure to deduct said holiday pay
from Claimants' wages within the 60 days' time limit set forth in said
rule is without merit because said rule is not applicable to the factual
situation herein, i.e., to a situation where deductions are made by Carrier
from Claimants' wages, and this Board is not empowered to extend the application of said Rule 31 beyond its authority.
Concerning the merits of this claim, the issue involved is the question
of "availability" as set forth in the "Note" in Section 3, Article III of the
'60 Agreement, and inasmuch as the issue and agreement involved herein are
similar to the issue and agreement in Award 5095, and for the reasons set
forth in said award, this claim will be sustained.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Charles C. McCarthy
Executive Secretary
Dated at Chicago, Illinois, this 31st day of March, 1967.
Keenan Printing Co., Chicago, Ill. Printed in U .-A.
5100 2