Award No. 5284
Docket No. 5349
2-IC-ETV-'6?
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
PARTIES TO DISPUTE
SYSTEM FEDERATION NO. 99, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Electrical Workers)
ILLINOIS CENTRAL RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That the Illinois Central Railroad Company violated the current
agreement at Fort Dodge, Iowa, when it failed to properly compensate
Electrician Charles Leonard for service performed on his birthday and
the day observed for Decoration Day, May 31, 1965.
2. That accordingly, the Illinois Central Railroad Company be
ordered to additionally compensate Electrician Charles Leonard in the
amount of eight (8) hours pay at the rate of time and one-half for
services performed from 3:00 P.M. to 11:00 P.M. on his birthday and
the day observed for Decoration Day, May 31, 1965.
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 waived right of appearance at hearing thereon.
Claimant was required to work eight hours on Decoration Day, which was
not only a holiday but also his 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 February 4, 1965 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 Decoration Day 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, 1967.
Keenan Printing Co., Chicago, 111. Printed in U.S. A
5284