Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12007
SECOND DIVISION Docket No. 11800
91-2-89-2-127
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:
(Kansas City Southern Railway Company -
( Louisiana & Arkansas Railway Company
STATEMENT OF CLAIM:
1. That the Kansas City Southern Railway Company - Louisiana &
Arkansas Railway Company violated the controlling agreement, particularly Rule
21(b), when notice dated November 24, 1986 was posted notifying employes at
Shreveport, Louisiana that only certain positions would work on Thanksgiving
Day, November 27th, and Friday, November 28th, 1986, and did not provide for
five (5) working days advance notice as required by the controlling agreement.
2. That accordingly, the Kansas City Southern Railway Company -
Louisiana & Arkansas Railway Company be ordered to compensate Carmen G. D.
Kent, S. C. Gray and H. Travis in the amount of eight (8) hours each at time
and one-half rate for the dates of November 27 and 28, 1986.
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 Claim is predicated on a contention that Carrier violated the
Agreement when it failed to give Claimants five days notice that their positions would not be worked on two Holidays, Thanksgiving Day, November 27, and
Friday after Thanksgiving, November 28, 1986.
The Board decided in Second Division Award 7478 that it was not necessary to give the same required five working days advance notice on abolishment
of positions when certain assignments would not be worked on a holiday. We do
not find the logic of that Award in error and it will be followed here.
Form 1 Award No. 12007
Page 2 Docket No. 11800
91-2-89-2-127
Annulment
of
an assignment on a holiday is not the same as abolishment of a position.. Carrier has the right to work or not work employees on
holidays and there is no requirement in the Holiday Pay Rule that five working
days notice be given before an assignment can be laid in.
The Claim is without merit and will be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
14
ncy J. - Executive Secretary
Dated at Chicago, Illinois, this 20th day of February 1991.