PARTIES TO DISPUTE
Award No. 5277
Docket No. 5250
2-CRR-CM-'67
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
SYSTEM FEDERATION NO. 44, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)
CLINCHFIELD RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That the Clinchfield Railroad Company violated the current
agreement when it failed to properly compensate Carman J. M. Powell
eight (8) hours at time and one-half rate for service performed on his
birthday holiday, July 5, 1965, in addition to the compensation paid
him for service rendered on the day observed for the holiday, July
Fourth, which was only July 5, 1965.
2. That accordingly, the Clinchfield Railroad Company be ordered
to additionally compensate Carman J. M. Powell in the amount of eight
(8) hours at time and one-half rate for service performed on his
birthday holiday, July 5th.
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
involved herein.
jurisdiction over the dispute
Parties to said dispute waived right of appearance at hearing thereon.
Claimant was required to work eight hours on July 4, which fell on Sunday
and was celebrated on July 5-claimant's birthday. He received eight hours
pay for the Holiday, as well as a like amount for his birthday and eight hours
pay at the time and one-half rate for working on that day.
Petitioner contends that Claimant is entitled to another payment at the
time and one-half rate since he performed work on both his birthday and the
Holiday. We disagree. The parties plainly anticipated this specific situation in
Article II Section 6 (f) of their November 21, 1964 Agreement, which provides
that "If an employe's birthday falls on one of the seven holidays named in
Article III of the Agreement of August 19, 1960, he may, by giving reasonable
notice to his supervisor, have the following day or the day immediately pre-
ceding the first day during which he is not scheduled to work following such
holiday considered as his birthday for the purposes of this Section."
Claimant did not exercise his option to celebrate his birthday on a date
other than July 4 and .there is no sound basis here for awarding duplicate
payments for the same eight hours work.
In line with Award 5218 and the many other awards cited therein that
have passed upon precisely the same issue and rules as are now before us the
present claim will be denied.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Charles C. McCarthy
Executive Secretary
Dated at Chicago, Illinois, this 13th day of October, 7 967.
Keenan Printing Co,, Chicago, Ill. Printed iri U.S.A.
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