The Second Division consisted of the regular members and in
addition Referee John H. Dorsey when award was rendered.
SYSTEM FEDERATION NO. 18, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Blacksmiths)
EMPLOYES' STATEMENT OF FACTS: Blacksmith Fred T. DeWitt, hereinafter referred to as the claimant, is a regularly assigned employe of the Bangor and Aroostook Railroad Company, hereinafter referred to as the carrier, at its Derby Shops, Derby, Maine, with rest days, Saturday and Sunday. He was on his regularly assigned vacation during the week of September 27, 1965 through October 1, 1965, and his birthday was Monday, September 2 7, 1965.
Carrier has issued instructions that when a birthday falls on a vacation day of the regular vacation period of an employe, such birthday-holiday will be considered as one day of vacation.
The vacancy created by the claimant being on vacation was not filled by a vacation relief employe.
This dispute has been handled with all carrier officials designated to handle such disputes, including the highest designated Officer of the carrier, with the result that they have all declined to make satisfactory adjustment.
The Agreement effective August 1, 1955, as subsequently amended, particularly by the November 21, 1964 Agreement, is controlling.
Secondly, if an employe's birthday occurs on other than a work day of his work week, "he shall receive eight hours' pay at the pro rata rate of, the position to which assigned, in addition to any other pay to which he is otherwise entitled for that day, if any." The obvious intent of the language just quoted indicates that this clause is not applicable to the first situation.,;
Section 6(c) of Article Ii simply outlines the requirements for qualification.
Section 6(g) of Article II is also controlling as it has been our practice to give employe a day off with pay when a holiday falls on a work day of the work week of the individual, and consistent with the mutually agreed to interpretations of the current Vacation Agreement, employes have not been paid dual payments for any of the other recognized holidays that came within their vacation period, nor has their vacation period been extended by the day.
If it were the intent of Article II, Section 6 of the November 21, 1964 Agreement that an extra day's compensation be paid for a birthday or any of the other holidays that might fall within a vacation period on a day that is a work day of an employe's work week, certainly this amendment to the August 21, 1954 Agreement would have so stated. It is apparent that the sole purpose of this section was to provide an additional holiday consistent with prevailing holiday practices, and the language in no way contemplated dual payments for a single day, but rather held to the doctrine of "maintenance of take-home-pay."
It is the position of this carrier that it was the intent of the agreements aforementioned to protect the annual earnings of the individual employe, not to impose a penalty payment on the carrier when a holiday covered by agreement falls within the employe's vacation period.
May we respectfully call the attention of this Board to the following denial awards of similar claims handled before the Second Division:
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 held a regularly assigned position of Blacksmith. His work week was Monday through Friday; rest days Saturday and Sunday. He was on vacation commencing Monday, September 20, 1965 through Friday, October 1, 1965. Monday, September 27, 1965, was his birthday. For that day he received one day vacation pay; and, was denied one additional birthday-holiday day's