The Second Division consisted of the regular members and in
addition Referee James E. Knox when award was rendered.
SYSTEM FEDERATION NO. 97, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Boilermakers)
EMPLOYES' STATEMENT OF FACTS: Boilermaker V. A. Cooney, hereinafter referred to as the claimant, was regularly employed by the Atchison, Topeka & Santa Fe Railway Company, hereinafter referred to as Carrier, as a Boilermaker in Carrier's Shop at Topeka, Kansas, with work week Monday through Friday, rest days Saturday and Sunday.
Claimant took his 1965 vacation May 3 through May 28, 1965, both dates inclusive, returning to service, Tuesday, June 1, 1965. Clamant's birthday was Thursday, May 6, 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, Thursday, May 6, 1965.
Claim was filed with proper officer of the Carrier under date of June 3, 1965, contending that claimant was entitled to eight (8) hours' birthday holiday compensation for his birthday, May 6, 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 August 1, 1945, as subsequently amended is controlling.
November 21, 1964 Mediation Agreement was negotiated, when they seized upon a distorted interpretation of Article II, Sections 6(a) and 6(b) of that Agreement to support their claim for dual payments when a birthday holiday or a national holiday occurs on a work day of the employe's work week and the employe is absent on vacation.
The Carrier has conclusively shown that Claimant Cooney was compensated for his vacation period in accordance with its historic practice and with the applicable rules of the governing Agreements.
The Carrier is uninformed as to the arguments the Employes may advance in their ex parte submission and accordingly reserves the right to submit such additional facts, evidence and argument as it may conclude are required in reply to the Organization's ex parte submission or any subsequent oral arguments or briefs presented by the Organization in this dispute.
All that is contained herein has been both known and available to the Employes or their representatives.
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.
The claimant is a regularly assigned employe with a work week from Monday through Friday. In 1965 his birthday fell on Thursday during a work week he was on vacation. The claimant was not regularly assigned to work holidays and his position was blanked on his birthday.
This case which arises under the National Agreement of November 21, 1964, is controlled by the findings in Award 2-5372.