Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10894
SECOND DIVISION Docket No. 10746
2-B&O-CM-'86
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Baltimore and Ohio Railroad Company
Dispute: Claim of Employes:.
1. That the Baltimore and Ohio Railroad Company violated the
controlling Agreement, Rules 3 1/2 and 15, when on the date of February 22,
1983, they failed to call Claimant for work, -as per his entitlement, under the
provisions of Rule 24 1/2, bypassed Claimant and called the next junior
employe, and subsequently deprived Claimant of holiday pay to which entitled,
such holiday, Washington's Birthday, February 21, 1983; further Carrier failed
to fill a known vacancy of thirty (30) days or more, the result of which would
have been that Claimant Parker would have been recalled from furloughed
status, and would have occupied a regular position on the date of February 22,
1983.
2. That accordingly, Carrier be ordered to compensate Claimant for
monetary losses suffered as a result of such violations, to the extent as
claimed: eight (8) hours' pay at the straight time rate for legal holiday,
Washington's Birthday, February 21, 1983.
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.
This dispute arose after the Carrier denied the Claimant holiday pay
for February 21, 1983. The Carrier contends that one of its officials called
the Claimant on the morning of February 22, 1983, at approximately 7:20 A.M.
for a first shift vacancy. However, a person, who the Carrier states did not
identify herself, answered the telephone and told the Carrier's official that
the Claimant was not at home. Accordingly, the Carrier asserts that the
Claimant was not available for service the day following the holiday, and
consequently was not qualified for holiday pay on February 21, 1983, under the
provision of Rule 3 1/2 of the Controlling Agreement.
From 1 Award No. 10894
Page 2 Docket No. 10746
2-B&O-CM-'86
The Organization, in its vigorous protest of record and before the
Board, essentially contends that the Carrier did not prove that it called the
Claimant and that, as a matter of fact, the Claimant was available for
service. It also questions Carrier's right to insist on the Claimant's
availability at 7:20 A.M., when the shift had a regular starting time of 7:00
A.M., i.e., 20 minutes earlier than Carrier's alleged call.
While both parties have progressed and argued a number of issues
related to the Claim, which we have thoroughly reviewed, in addition to the
supporting Awards presented, we hold that the controlling question is whether
or not the Claimant was available for service within the framework of Rule
3 1/2. Here, the Carrier has submitted a signed statement from one of its
officials that he called the Claimant and spoke with an unidentified female.
While the Organization is not unreasonable in its assertions that it could
have expected the Carrier to have obtained the identity of this person, the
Claimant must do more than merely challenge the validity of the Carrier's
statement. Absent some form of substantive information from the Claimant, the
Board accepts the Carrier's contention. Therefore, under the circumstances
shown in the record, the Claimant was not available on Tuesday, February 22,
1983, and we cannot sustain the Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
/Nancy J.
HevoF
-Executive Secretary
Dated at Chicago, Illinois, this 25th day of June 1986.