Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7174
SECOND DIVISION Docket No. %068
2-SCL-MA '76
The Second Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
' ( International Association of Machinists
Parties to Dispute: ( and Aerospace Workers A.F.L.-C.I.O.
(
(
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employes: .
1. Under the Current Agreement.Machinists W. A. Varnadore
and W. R. Hickox were improperly denied Holiday Pay
(Veterans Day) October 28, 1974.
2. That accordingly, the Carrier be ordered to pay Machinists
W. A. Varnadore and W. R. Hickox eight (8) hours straight
. time rate each, Holiday Pay (Veterans Day) October 28, 1974.
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.
Parties to said dispute waived right of appearance at hearing
thereon.
Claimants were employed by Carrier and were also members of the
Georgia Army National Guard.
October 28, 1974 was a recognized holiday under the Agreement,
and Claimants were entitled to holiday pay if they satisfied certain
qualifying requirements. One such provision requires that compensation
paid to the employee is credited to the workdays immediately preceding
and following the holiday.
Claimants had requested permission to to be off on October 26, 1974,
because of National Guard duties; which permission was granted. However,
on October 27, Claimants worked one hour and then asked permission to
leave because of further military obligations. Although permission was
denied, the employees departed.
Form 1 Award No. 7174
Page 2 Docket No. 7068
2-SCL-MA '76
Carrier refused to grant holiday pay because Claimants "were
not available to protect their assignment" on October 27, 1974.
Third Division Award 19128 rejected the concept that entitlement is predicated upon working a full eight (8) hours on qualifying
days; but rather, held that there is no minimum number of hours
required. Second Division Award 6893 held that if compensation for
fifteen (15) minutes were properly paid on the qualifying day, the
holiday pay requirements were fulfilled. See also, Second Division
Awards 2577, 5126 and 6474. No Awards reaching contrary conclusion
have been brought to our attention.
Under these circumstances., we
find
it unnecessary.to explore
the Claimants' assertions concerning the necessity of departing from
their work sites after one hour on October 27, 1974. Nor do we feel
that Carrier's assertion of "token gestures", "sharp practices" and
"false pretenses" alter the outcome of this dispute.
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railrca d Adjustment Board
By:
Gawk ~, ' l
a4.j
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 16th day of November, 1976.