Form 1 NATIONAL
'3A
rLROAD ADJUSTMENT BOARD Award No.
8044
SECOND DIVISION Docket No.
7873
2-SCL-CM-'79
The Second Division consisted of the regular members and in
addition Referee Robert A, Franden when award was rendered,
( System Federation No. 42, Railway Employer'
( Department, A. F, of L, - C, I. 0,
Parties to Dispute: ( (Carmen)
Seaboard Coast Line Railroad Company
Dispute: Claim of Er~ployes:
1. That the Seaboard Coast Line Railroad Company violated terms of the
controlling agreement when they denied Cayman C, A, Prine his
rights to service on November 22,
1976.
2. That the Seaboard Coast Line Railroad Company be ordered to
compensate Cayman C, A, Prine fox five (5) hours and thirty
(30) minutes for November 22,
l9`T&,
and eight
(8)
hours holiday
pay for November 25,
1976,
at pro rata rate.
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 employer involved in this
dispute are respectively carrier and onploye within the meaning of the
Railway Labor Act as approved Tune 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute vaived right of appearance at hearing thereon,
Claimant reported for wror::-, on November 22, 1976 two and one-half
(22)
hours late and was denied the right to work his position. The Carrier had
called a man to work Claimant's -position. The Claimant maintains that he
called his foreman and advised him that it would be 5:00 PM or 5:30 Prd
before he could report rather than his
3:00
PM starting time, at which
time the foreman advised him that the late starting time would be acceptable.
The Carrier denies that arty approval was given claimant to commence work late
on the date in question. aecause Claimant was not permitted to work on
November 22, 1970, he did not qualify for holiday pay on November 25,
1976
for which pay he also makes claim.
We are unable to find any contractual support for claimant's position.
Claimant does not have the right to set his own working hours. See
Award
7551
between the same parties. Further, the claimant has failed to
prove that permission was granted for him to couBnence work 22 hours late,
We will. deny the claim.
Form 1
Award
No.
804+
Page 2 Docket No.
7873
2-SCZ-CM-'
79
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMM BOARD
By order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
_
____ - _-:______~ ~ .. _ _
:~ ~ i
...-Rosmar:i.e Bxasch -. Administrative Assistant
Dated at~-Chz.cago, Illinois, th:Ls 15th day of August,
1979.