Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10253
SECOND DIVISION Locket No. 9917
2-MP-CM-'85
The Second Division consisted of the regular members and in
addition Referee Lamont E. Stallworth when award was rendered
( Brotherhood Railway Carmen of the United States and Canada
Parties to Dispute:
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated Note to Rule 5 and
Rule 5 of the controlling Agreement when they worked Lead Carman J.
Anderson on the job assigned to Carman W. W. Martin, the holiday of May
25, 1981 at St. Louis, Missouri.
2. That the Missouri Pacific Railroad Company be ordered to compensate
Carman W. W. Martin in the amount of eight (8) hours at the overtime
rate which is the pro rata rate for Holidays.
Findings:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence finds that:
The carrier or carrier 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 facts are not in dispute. Claimant, W. W. Martin, worked the Car Inspector's
position in the 21st Street Yard on the 7:00 A.M. to 3:00 P.M. shift. Prior to
the Holiday of May 25, 1981 the Carrier blanked one (1) Car Inspector job in the
21st Street Yard, which was held by the Claimant pursuant to Note to Rule 5:
"Notice will be posted five (5) days preceding a holiday
listing the names of employees assigned to work on the
holiday. Men will be assigned from the men on each shift
who would have the day on which the holiday falls as a
day of their assignment if the holiday had not occurred
and will protect the work. Local Committee will be
advised of the number of men required and will furnish
names of the men to be assigned but in the event of failure
to furnish sufficient employes to complete the requirements,
the junior men on each shift will be assigned beginning
with the junior man."
Form 1 Award No. 10253
Page 2 Locket No. 9917
2-MP-CM-'85
The Claimant did not work the Memorial Day Holiday on May 25, 1981. The
Organization contends that the Carrier did not, in fact, blank the Claimant's
position in the 21st Street Yard on May 25th. Instead, the Carrier moved Carman
Anderson from his assigned position at Lesperance Street Yard to fill the Claimant's
assignment in the 21st Street Yard in violation of Note to Rule 5. Furthermore,
the Organization charges that Carman Anderson did not hold a job in the 21st
Street Yard and therefore, was improperly assigned to work in that Yard on the
Holiday.
The Carrier takes the position that Carman Anderson did not fill the Claimant's
assignment on the Holiday but only performed the usual duties of his regular
assignment.
The record demonstrates that Carman Anderson did spend almost all of his
time in the 21st Street Yard where the Claimant should have properly worked. The
Carrier has not refuted the Organization's contention. Thus the Board must
conclude that Carman Anderson fulfilled virtually the same duties and was employed
in the same manner as the Claimant would have been on his normal work day. It
follows that the Claimant's Car Inspector position was not blanked on the Holiday.
Once again, the parties have brought before this Board a dispute which we
have already reviewed numerous times in the past. This claim involves the same
parties, the identical contract Rule, and a similar set of circumstances as cited
in Awards 7993, 6261, 6260, 6098, 6097, 6096, 6095 and 6094.
Based upon the overwhelming precedent established by prior Awards, the Board
is compelled to sustain the claim and to order the Claimant compensated for eight
(8) hours at the time and one-half rate.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. ,D`e -Executive Secretary
Dated at Chicago, Illinois, this 6th day of February 1985.