Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11719
SECOND DIVISION Docket No. 11560
89-2-88-2-21
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM:
1. That under the current Agreement the Carrier violated Rule 33
when they denied Cayman D. P. Hurst, Knoxville, Tennessee, holiday pay for
July 4, 1986.
2. That accordingly, the Carrier be ordered to pay Cayman Hurst
eight (8) hours pay at the pro rata rate.
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.
On Claimant's first assigned workday following the July 4th Holiday
he reported for work at his regular scheduled starting time, 7:00 AM, and
informed his Foreman that he was sick and did not wish to work. The Foreman
did not immediately release the Claimant from service. Instead he conferred
with other officials and at 7:15 authorized him to leave. Obviously, if the
Foreman had released the Claimant when he first asked to be off he would not
have been entitled to any compensation for the day. However, Claimant was in
service for 15 minutes and received compensation for his time on duty.
Carrier, however, did not allow Holiday Pay for July 4th on the
grounds that the intent of the Holiday Pay Rule requires more than token
service be performed on the days preceding and following a Holiday. This
disallowance of Holiday Pay is the basis for the instant Claim.
Form 1 Award No. 11719
Page 2 Docket No. 11560
89-2-88-2-21
We have had occasion to decide this issue in the past in other Claims
involving this Carrier. In Second Division Award No. 11103 we reviewed a number of decisions on this matter and concluded that a correct application of
the Agreement requires that Holiday Pay be allowed in situations where any
compensation is credited to the day preceding or following a Holiday. We do
nut find Award No. 11103 to be in palpable error and it will be followed here.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ooee
Attest:
Nancy . rVer - Executive Secretary
Dated at Chicago, Illinois, this 3rd day of May 1989.