Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11651
SECOND DIVISION Docket No. 11443
89-2-87-2-84
The Second Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM:
1. That the Missouri Pacific Railroad violated the Note to Rule 5 of
the June 1, 1960 controlling agreement when they denied Electrician R. Salazar
his contractual rights to a five (5) day notice preceding the holiday,
December 24, 1985, Christmas Eve, at Houston, Texas.
2. That, accordingly, the Carrier be ordered to (a) compensate
Electrician R. Salazar five (5) days, eight (8) hours a day, at the pro rata
rate for the Carrier failing to give a five (5) day notice to work the holiday; (b) the Carrier cease the practice of violating the NOTE to Rule 5 as
given herein, and, (c) in addition to the money amounts claimed herein, the
Carrier shall pay Claimant an additional amount of 6% per annum compounded
annually on the anniversary date of the claim.
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.
Claim before the Board centers on almost the identical circumstances
and Claim, already heard before this Board (Second Division Award 11650),
wherein the Organization alleged Carrier's violation of the Note to Rule 5.
The only essential difference in the on-property dispute is the holiday involved. We find all other issues, lines of argument and probative evidence to
be equivalent.
In that case by reference, as in this, the Board concludes that the
Carrier has violated the Agreement. Under the same logic and argument of that:
Award, supra, the Board concludes, as it stated therein, that:
Form 1 Award No. 11651
Page 2 Docket No. 11443
89-2-87-2-84
"Accordingly, the Board sustains part 1 of the
Claim. Given the particular facts and circumstances of this record, wherein the action by
Carrier occurred on the day before the holiday
and that the Carrier provided no probative
evidence that its action was reasonable and
necessary, the Board finds that Claimant is to
be awarded one full days pay at the pro rata
rate. All other aspects of this claim are
rejected. This is consistent with the reasoning
and decisions of past Awards on this property
(Second Division Awards 11034, 9229, 7443)."
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. e - Executive Secretary
Dated at Chicago, Illinois, this 15th day of February 1989.