Award No. 5402 Docket No. 5273
2-C&O-SM-'68The Second Division consisted of the regular members and in
addition Referee George S. Ives when award was rendered.
SYSTEM FEDERATION NO. 41, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. I. O. (Sheet Metal Workers)
THE CHESAPEAKE AND OHIO RAILWAY COMPANY
(Southern Region)
EMPLOYES' STATEMENT OF FACTS: H. I. Truesdell, hereinafter referred to as the claimant, is regularly employed as a Sheet Metal Worker by the Chesapeake and Ohio Railway Company, hereinafter referred to as the Carrier on the 7 A.M. to 3 P.M. shift Sunday through Thursday at the Stevens Shop, Silver Grove, Kentucky with Friday and Saturday rest days.
Friday, October 29, 1965 was claimant's birthday-holiday as designated by the February 4, 1965 Agreement and also one of claimant's regularly assigned rest days.
Claimant was required, by the carrier to perform service on October 29, 1965, for which he was compensated for eight (8) hours at the time and onehalf rate for service performed on his rest day and eight (8) hours at the pro rata rate for his birthday-holiday. (See letter dated February 2, 1966 submitted as Exhibit A and letter dated November 30, 1965 submitted as Exhibit B.)
Claim was made for an additional eight (8) hours at the time and onehalf rate account of service being required of claimant, by the carrier, on his birthday-holiday, October 29, 1965. (See letter dated January 18, 1966 submitted as Exhibit C.)
For more than 40 years the Employes have shown that their intent with respect to the applicable rules coincides with that of the Carrier. They cannot now at this late date change their position for the sole purpose of securing a windfall for an employe who, by fortuitous circumstances, was called to work on a rest day which was also his birthday. The doctrine of Award No. 6 of Special Board of Adjustment No. 564 should be adopted here.
All data herein submitted in support of C'arrier's position has been presented to the Employes or duly authorized representatives thereof and made a part of the question in dispute.
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 worked his assigned rest day which also was his Birthday-Holiday on February 4, 1965. The claim is for an additional eight hours pay at the time and one-half rate for performing service on the Birthday-Holiday which coincidentally was his rest day.
The fundamental issue involved in this claim is the same as that which was considered by this Division in Award No. 5401. Therefore, we find the Findings in Award 5401 controlling in the instant dispute. Accordingly, the claim will be sustained.