Award No. 5253 Docket No. 5118
The Second Division consisted of the regular members and in
addition Referee David Dolnick when- award was rendered.
SYSTEM FEDERATION NO. 2, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. - C. I. O. (Carmen)
EMPLOYES' STATEMENT OF FACTS: Carman R. A. Shoemake, hereinafter referred to as the Claimant, was regularly employed by the Missouri Pacific Railroad Ciompany, hereinafter referred to as Carrier, as a Leadman and Record Writer on the Repair Truck, Settegast Yard, Houston, Texas, with work week Monday through Friday, rest days Saturday and Sunday.
Claimant took his 1965 vacation beginning Monday, June 7, 1965. Claimant's birthday was Wednesday, June 9th, a vacation day of his vacation period for which he was paid a day's vacation pay. However, Carrier failed to allow him birthday holiday compensation for the day, Wednesday, June 9th.
Claim was filed with proper officer of the Carrier under date of June 21, 1965, contending that claimant was entitled to eight (8) hours Birthday Holiday compensation for his birthday, June 9th, in addition to vacation pay received for that day, and subsequently handled up to and including the highest officer of Carrier designated to handle such claims, all of whom declined to make satisfactory adjustment.
The agreement effective June 1, 1960 as subsequently amended is controlling.
POSITION OF EMPLOYES: It is respectfully submitted that the Carrier eared when it failed and refused to allow claimant eight (8) hours birthday
The issues raised by this dispute have been given thorough consideration not only by this Carrier but by the Carrier's Committee that negotiated the Agreement of November 21, 1964. In fact, the particular question raised by this dispute was put to the Committee and the question and the Committee's answer. thereto is as follows:
Claimants were paid eight hours pro rata for each day while on vacation and are not entitled to any additional compensation.
The Employes ignored the Vacation Agreement in the handling of this claim on the property. The reason is the Vacation Agreeemnt requires a denial of the claim. It follows that your Board must deny the claim.
All matters contained herein have been the subject matter of correspondence and/or conference.
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.
Claimant began his vacation on Monday, June 7, 1965. His birthday was on June 9, 1965 while he was on vacation. He was paid eight (8) hours for each day of his vacation, including June 9, 1965. An employe's birthday is a paid holday. Employes are requesting an additional eight (8) hours holiday pay for June 9, 1965.
The same issue is fully discussed in Award No. 5251. The principles and conclusions adopted in Award 5251 are here affirmed.
The majority's decision to sustain the claim presented in Award No. 5253 is based on the princples and conclusions stated in its findings in Award No. 5251. Accordingly, our dissent to Award No. 5251 is equally applicable to Award No. 5253 and is hereby adopted as such.
LABOR MEMBERS' ANSWER TO CARRIER MEMBERS' DISSENT TO
AWARD NOS. 5251, 5252, 5253, 5254, 5255, 5256, 5257 AND 5258
A dissent which merely expresses the chagrin of the dissenters is of little value. The dissent of the Carrier Members to Award Nos. 5251 through 5258 is such a dissent.
The dissent does nothing but review the arguments presented to the Division which were considered and disposed of in the findings of Award No. 5251.
The findings in Award No. 5251 and the Labor Members' dissents to Award Nos. 5230, 5231, 5232, 5233, 5310 and 5311 point out all of the reasons that Award Nos. 5230, 5231, 5232, 5233, 5310, 5311, 5328, 5329 and 5330 are palpably erroneous. Therefore Award Nos. 5251, 5252, 5253, 5354, 5255, 5256, 5257 and 5258 should dispose of this issue.