Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9765
SECOND DIVISION Docket No. 9020
2-CRI&P-CM-'84
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( Brotherhood Railway Carmen of the United States and Canada
Parties to Dispute:
( Chicago, Rock Island and Pacific Railroad Company
(William M. Gibbons, Trustee)
Dispute: Claim of Employer:
1. That under the terms of the applicable agreements, the Carrier improperly
denied all qualified employer represented by the Carmen eight (8) hours' Holiday
pay for September 3, 1979.
2. That, accordingly, the Carrier be ordered to compensate all employer of
the Chicago, Rock Island and Pacific Railroad represented by the Carmen's Organization
for eight (8) hours' pay for September 3, 1979.
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 employer 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 were given due notice of hearing thereon.
Following a strike on August 28, 1979 by another Organization, the Carrier
abolished all shopcraft positions, including those of the Claimants, on the same
day. Claimants were not granted holiday pay for Labor Day, September 3, 1979.
The organization argues that this is in violation of Article II, Holidays, Section
1 (c) of the September 2, 1969 Agreement, which reads as follows:
"(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 employ
ment 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."
Form 1 Award No. 9765
Page 2 Docket No. 9020
2-CRI&P-CM-'84
The Carrier argues that the Claimants are not entitled to holiday pay for a
variety of reasons. In addition, the Carrier argues that this matter is not
properly before the Board because of the legal status of the Carrier making "the
Carmen's agreement, together with all other labor organization agreements
...
inapplicable insofar as the Rock Island estate was and still is concerned".
The merits of the dispute as well as the jurisdictional issue raised by the
Carrier have been reviewed in two recent Third Division Awards involving the same
Carrier and two other Organizations. These Awards -- Award No. 24504 (Lieberman)
and Award No. 24505 (C. R. Sickles) -- find that the Board has jurisdiction and
that the claims should be sustained.
Award Nos. 8970 (LaRocco), 9204 (Briggs) and 9314 (Mikrut), concerning other
issues, also determine that the Board has jurisdiction to resolve the disputes
despite the legal status of the Carrier.
Following full review of the record in this dispute, the Board finds no
reason to differ from the conclusions in the cited awards, both as to the
jurisdictional issue and the entitlement of the furloughed employes to holiday
pay for September 3, 1979 under the applicable rule.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST:
Nancy J~ever - Executive secretary
Dated at Chicago, Illinois this 18th day of January 1984.