Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7.67
SECOND DIVISION Docket No.
710
2-C RI&P-CM-78
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( System Federation No.
6,
Railway Employes'
( Department, A. F-. of
L. - C
. I. 0.
Parties to Dispute: ( (Carmen)
(
( Chicago, Rock Island and Pacific Railroad Company
( (William Ni. Gibbons, Trustee)
Dispute: Claim of Employes:
(1) That under the terms of the applicable agreements, the Carrier
improperly denied Coach Cleaner C. M. Wrenn eight
(8)
hours'
pay for December
25, 1975
and eight
(8)
hours' pay for January 1,
1976.
(2)
That, accordingly, the Carrier be ordered to compensate the
aforesaid Coach Cleaner for eight
(8)
hours' pay for December
25,
1975
and eight
(8)
hours' pay for January 1,
1976.
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, 193+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
There is no dispute of the facts that Claimant eras furloughed September
21, 1975
and received vacation pay from November
17
through December
19,
1975.
The claim here in dispute is that Claimant should have been allowed
eight
(8)
hours' holiday pay for December
25, 1975
and January 1,
1976.
Carrier cites basic Rule
6,
Section
3,
governing regularly assigned
employes and alleges -that inasmuch as Claimant was furloughed and did not
have compensation for service credited for the last work day preceeding
and first work day following the Holidays, he did not qualify for the
Holiday pay.
Form 1
Page 2
Award No.
7.67
Docket No.
7.10
2 -C RI&P-C M-
` 78
The error in Carrier's argument is found in the fact that Claimant was
furloughed September 21,
1975
and thus became other than a regularly
assigned employe. Such employes, in order to qualify for Holiday Fay,
must meet the criteria set forth in Article II, Section 1(c) of the
National Agreement dated September 2,
1969,
which reads:
"(c) Subject to the applicable qualifying requirements in
Section
3
hereof, other than regularly assigned employees
shall be eligible for the paid holidays or pay in lieu
thereof provided for in paragraph (b) above, provided (1)
compensation for service paid him by the carrier is
credited to 11 or more of the 30 calendar days immediately
preceding the holiday and (2) he has had a seniority date
for at least
60
calendar days or has 60 calendar days of
continuous active service preceding the holiday beginning
with the first day of compensated service provided employment was not terminated prior to the holiday by resignation,
for cause, retirement, death, non-compliance with a union
shop agreement, or disapproval of application for employment.
This Board previously held in Second Division Award 5102 and Third
Division Awards
1+816
and
14674
that vacation pay is compensation for
service, we find those Awards to be without palpable error. In accordance
with their holdings we will sustain the claim.
A W A R D
Claim sustained.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
emarie Brasch -Administrative Assistant
Dated ~t Chicago, Illinois, th1's 10th day of '
r ebruart,, , 1978
.