The Second Division consisted of the regular members and in
addition Referee Jesse Simons when award was rendered.
EMPLOYES' STATEMENT OF FACTS: Car Inspector M. W. Thompson, hereinafter referred to as the claimant, is employed by the Missouri Pacific Railroad Company, hereinafter referred to as the carrier, at Coffeyville, Kansas, and is assigned by bulletin as train yard inspector, work week Wednesday through Sunday, rest days Monday and Tuesday, assigned hours 7:00 A. M. to 3:00 P. X47.
The claimant's birthday occurred on Saturday, November 1, 1969, and he was advised by Car Foreman Tatum not to report for work on this date account it being his birthday holiday. However, the carrier found it necessary to fill this position on this date (November 1, 1969), and Carman E. H. Babbs who is regularly assigned to the repair track, work week Tuesday through Saturday, rest days Sunday and Monday, assigned hours 7:00 A. M. to 4:00 P. M., was moved from his regularly assigned job to fill the claimant's job on this date, and to substantiate this fact the employes wish to quote Master Mechanic, Mr. Il. R. Burge's letter of January 16, 1970, addressed to Local Chairman, Mr. M. C. George, reading:
position of the car inspector who was off on his birthday holiday but even if it can be said that claimant's position "was worked and filled", we have shown above that the claim is not supported by the rules and practice and should be declined.
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.
Because the clauses, rules and issues are the same as in Award 6113, and because the fact situation is basically the same, and because Award 6113 is controlling, the Board is sustaining the grievance.
However, in sustaining this grievance the Board notes that, in fact, the Carman who was assigned to do the work grievant would have done had he been assigned to work his birthday, did said work for five hours, not eight; thus grievant is entitled to five hours pay at the punitive rate, the propriety of paying an employe for part of a Birthday Holiday having been cogently set forth in Award 5325.