Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9746
SECOND DIVISION Docket No. 9485
2-TRRAofStL-MA-'83
The Second Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
( International Association of Machinists and
PARTIES TO DISPUTE: ( and Aerospace Workers
( Terminal Railroad Association o f St. Louis
DISPUTE: CLAIM OF EMPLOYES:
1. That the Terminal Railroad Association of St. Louis violated the
controlling Agreement, particularly the vacation Agreement of
December 17, 1941 as subsequently amended.
2. That accordingly, the Terminal Railroad Association of St. Louis be
ordered to compensate machinist Helper Salvador Ruelas for two (2)
hours per day at time and one-half for July 7, 8, 9, 10, 11, 14, 15,
16, 17, 18, 21, 22, 23, 24, 25, 28, 29, 30, 31, and August 1, 1980 in
addition to 6% for being improperly compensated while on vacation.
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 employes 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.
The basic facts are undisputed. From 1965 to August 1, 1980, Claimant
occupied a Machinist Helper position. Though his shift began at 7:00 a.m. and
concluded at 3:00 p. m., Claimant routinely worked from 6:00 a.m. to 4:00 p.m.
on each and every work day. As part of his assigned duties, Claimant was required
to work two hours of daily overtime. Between July 7, 1980 and August 1, 1980,,
Claimant took a four week vacation. During his vacation, the Carrier elected
not to fill Claimant's position. The Carrier paid Claimant vacation compensation
amounting to eight hours per day at the straight time rate.
Claimant seeks two hours of overtime pay for each vacation day for trap
reasons. First, if he would have worked during the four weeks, he would have
earned two hours of overtime pay on each day as he had for the past fifteen
years. Second, Claimant's vacation pay in the past included the overtime compensation
as well as eight hours of straight time pay for each vacation day. The Carrier
on the other hand, argues that Claimant was properly compensated for hi's vacation
since it decided to keep Claimant's position vacant during the four weeks he
was on vacation. Thus, because no other employe received the overtime pay
which c~u1d have accrued to Claimant, Claimant was no worse off than if he had
remained on the job.
Form 1 Award No. 9746
Page 2 Docket No. 9485
2-TRRAofStL-MA-X83
Article VII, subsections (a) and (b) of the December 17, 1941 National
Vacation Agreement govern this dispute and state:
"Allowances for each day which an employee is entitled to a vacation
with pay will be calculated on the following basis:
(a). An employee having a regular assignment will be paid while on
vacation the daily compensation paid by the Carrier for such assignment.
(b). An employee paid a daily rate to cover all services rendered,
including overtime, shall have no deduction made from his established
daily rate on account of vacation allowances made pursuant to this
Agreement."
Specifically, Article VII (a) is designed to compensate vacationing workers
so that they "... will not be any better or terse off, while on vacation, as to
the daily compensation paid by the Carrier than if he had remained at work on
such assignment ..." excluding casual or unassigned overtime. See the June 10,
1942 Mutually Agreed Upon Interpretation of Article VII (a). Therefore, the
issue presented to this Board is whether the overtime Claimant worked was an
integral, fixed component of his regular assignment. If the overtime was casual
or unassigned, the premium pay should not be added to Claimants straight time
compensation. Third Division Awards No. 21474 (Caples); No. 16684 (Friedman);
and No. 18414 (Dugan).
In this instance, Claimant had consistently worked ten hours on each work
day over a long period. Working two hours of daily overtime was an express
requirement of the position he occupied. Had he remained at work during his
four week vacation period, Claimant's daily compensation would have included
two hours of overtime. During previous vacation periods, the Carrier had computed
Claimants vacation pay based on the two hours of constant overtime which were
an inherent part of his assignment. Regardless of whether or not the Carrier
decided to fill Claimants position while he was on vacation, both the past
prctice of computing his pay and the requirements of his position demonstrate
that he was entitled to two hours of overtime pay. Otherwise, Claimant would
be placed in a worse position merely because he took his vacation. Second
Division Award No. 5434 (Kane); June 10, 1942 Mutually Agreed Upon Interpretation
to Article VII (a).
Claimant shall be paid forty hours of pay at the overtime rate in effect
when he took his 1980 vacation. Claimant's request for interest is denied.
A W A R D
Claim sustained to the extent consistent with our Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST ~~
Nancy J.j/6ever - Executive Secretary
Dated at Chicago, Illinois, this 21st day of December, 1983