The Second Division consisted of the regular members and in
addition Referee George S. Ives when award was rendered.
SYSTEM FEDERATION NO. 101, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. I. O. (Carmen)
EMPLOYES' STATEMENT OF FACTS: Carman James Black, hereinafter referred to as the claimant, is employed in his respective craft and class by the Great Northern Railway Company, hereinafter referred to as the Carrier, in its Mechanical Department facilities located at Havre, Montana. Claimant holds a regularly assigned position designated as "Car Shops and Trainyards."
Claimant's birthday was July 16, 1965, Claimant was ordered by local supervision not to report for work that day.
A claim was filed on July 29, 1965 on behalf of the claimant requesting 8 hours pay, at the rate of time and one-half, account claimant denied the right to work on his birthday as provided in the agreement.
This dispute has -been handled with all officers of the Carrier designated to handle such disputes, including the highest designated officer of the Carrier, all of whom have declined to make satisfactory adjustment.
The agreement effective September 1, 1949, as subsequently amended, it controlling.
POSITION OF EMPLOYES: It is respectfully submitted that the only issue in dispute between .the parties is whether or not the claimant was entitled to work on his birthday, July 16, 1965.
It is further submitted that under the clear and specific provisions of Article II of the November 21, 1964 Agreement, reading in pertinent part:
2097, 2471, 3023-3039, 3043-3060, 3093, 3216-3219 3408, 3432, 3726-3729, 3889 and 3990)
For the foregoing reasons, the Carrier respectfully requests that the claims of the employ es be denied.
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 was a regularly assigned employe whose birthday fell on a work day of his work week. He was instructed not to report to work on July 16, 1965 and seeks an additional eight (8) hours pay at the punitive rate because he was denied an opportunity to work on a work day of his work week, which also was has birthday-holiday under Article II - Holidays, Section A, paragraph (a) of the November 21, 1964 Mediation Agreement.
The trust of Petitioner's case is that historically Claimant and other carmen assigned to car shops and train yards at Havre, Montana have been assigned to work on all National Holidays pursuant to bulletin posted by Carrier in accordance with Rule 5 (a) of the current Agreement which provides as follows:
Consequently, Petitioner urges that Article II, Section 6, paragraph (g) ,of the November 21, 1964 Mediation Agreement is applicable. This provision reads as follows:
Carrier contends that the holiday work notices relied on by Petitioner as establishing a practice within the purview of Section 6, paragraph (g) of the November 21, 1961 Mediation Agreement were posted at the request of the local Shop Commitee at Havre and do not constitute an agreement to employ a minimum force on legal holidays.
Petitioner's submission primarily consists of interpretations and conclusions not proven by substantial evidence of probative value. Futheremore, there is no evidence that another employe was called in to work in place of Claimant on his birthday. (Award 5424)