Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 801'+
SECOND DIVISION Docket No. 7725
2-1iB&T-MA,-'
79
The Second Division consisted of the regular meidliers and in
addition Referee Robert A. Franden when award was rendered.
( International Association of Machinists
( and Aerospace Workers
Parties to Dispute:
(
( Houston Belt and Terminal Railway Company
Dispute: Claim of Employes:
1. That Carrier violated hole 28, paragraph (b) of the Agreement
dated September 1,
1949,
as amended, with the posting of
Bulletin No.
29
dated December 15,
1976.
2. That, accordingly, Machinist Apprentice J. Drose be co?npensated
eight
(S)
hours pay at the pro rata rate of pay fox' the Christmas
Eve, Christmas and New Year's Day Holidays provided in the
AgreeirerAt.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
`she carrier or carriers and the employe ox 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 hoaxing thereon.
This claim was originally progressed on the property as one for a
violation of Rule 28(b) and failure to compensate claimant properly under
the August
19, 1960
Holiday Agreement as amended, for Christmas Eve,
Christmas Day andNew Year's Day. As finally perfected to this Board the claim
is for the three days' holiday pay. No argument as to the 28(b) violation
was advanced.
The Carrier in its submission speaks only to the propriety of the Board
considering the claim. The Carrier takes the position that the claim before
this Board is not the same claim that was progressed on the property and
that the claim handled on the property is now defeated by the time limit
rule. The Carrier argues that the claim before us is a new claim.
Form 1
Page 2
Award No.
8014
Docket No.
7725
2-HB&T-MA-'
79
We cannot agree withthe Carrier's assertion. T~=°claimant has progressed
on the property and perfected an appeal to this Boards a claim for a violation
of the August
19, 1960
Holiday Agreement as amended, for which he is asking
compensation for three holidays.
The claimant has set forth that he qualified under the Agreement for
holiday pay (60 days` seniority and compensation for 11 of the 30 days
preceding the holiday). The Carrier has riot denied this. Under the Agreement
Claimant was entitled to be paid as claimed.
A V A R D
Claim sustained.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIO?\MZ RAILROAD ADJTTSTI~T~3~I' BOARD
By Order of Second Division
SR's marie Branch - Administrative Assistant
Dated ~Chica o Illinois this 2 th day of July,
1979