Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8869
SECOND DIVISION Docket No. 8494
2-SCL-MA-'82
The Second Division consisted of the regular members and in
addition Referee Kay McMurray when award was rendered.
( International Association of Machinists and
Parties to Dispute:
( Aerospace Workers
(
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. Under the current Agreement Machinist B. K. Fields, Hamlet Shops, Hamlet=,
North Carolina was improperly denied Holiday Pay (Washington's Birthday)
February 20, 1978.
2. That accordingly, the Carrier be ordered to pay Machinist B. K. Fields
eight (8) hours straight time rate Holiday Pay (Washington's Birthday)
February 20, 1978.
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.
Claimant, Mr. Fields, worked the last day preceding the holiday, Washington'.
Birthday, observed two rest days, and served on jury duty February 20, 21, and
22, 1978. He was off sick on February 23 and retlurned to his assignment on February
24, 1978. In accordance with the contract he was paid for the actual time lost on
February 21 and 22 less the amount allowed him by the court for jury duty. He did
not, however, receive any pay for the holiday. The Organization claims that he
qualified for holiday pay and is entitled to compensation.
Due to the anomolous situation presented herein, this Board is of the opinion.
that the claim should be sustained. It should be understood that payment in this
case is limited to the particular facts and circumstances in this dispute. In
arriving at this decision, the Board was precluded from
considering arguments
raised by the Carrier in its Submission but not made on the property.
A WAR D
Claim sustained.
Form I Award No.
8869
Page 2 Docket No. 8494
2-SCL-MA-182
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
' marie Brasch - Adstrative Assistant
Dated Chicago, Illinois, this 20th day of January,
1982,