Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13780
Docket No. 13665
03-2-02-2-25
The Second Division consisted of the regular members and in addition Referee
Don A. Hampton when award was rendered.
(Brotherhood Railway Carmen Division
( Transportation Communications International Union
PARTIES TO DISPUTE:
(Springfield Terminal Railway
STATEMENT OF CLAIM:
"Claim of the Committee of the Union that:
1. The Springfield Terminal Railway Company violated the terms
of our current agreement, in particular Rule 14, when they
arbitrarily denied Henry J. Satrowsky compensation for a
contractual holiday (Good Friday) on April 21, 2000.
2. That accordingly, the Springfield Terminal Railway Company
be ordered to compensate Carman Henry J. Satrowsky in the
amount of eight (8) hours pay for the April 21, 2000 holiday, as
required by the agreement."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee within the meaning of the Railway Labor Act,
as approved June 21, 1934.
Form 1 Award No.
13780
Page 2 Docket No.
13665
03-2-02-2-25
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
The Organizations contends that the Carrier violated the terms of the
Agreement, in particular Rule 14, when they arbitrarily denied the Claimant
compensation for contractually negotiated holiday pay for April
21,
2000. (Good
Friday).
The controlling portion of Rule 14 - Holidays reads:
"14.2 To be eligible for holiday pay, employees must either work or
be available for work on the last work day before and the first work
day after the holiday. Employees who work on the holiday will be
paid one and one-half times the applicable hourly rate in addition to
the payment specified in paragraph 14.1. It is understood that in
order to meet the eligibility requirements of this paragraph,
employees who work any of the qualifying days must work all
bulletined hours. The eligibility requirements of this paragraph may
be waived for regularly assigned employees who request and receive
permission to be off on any of the specified qualifying days or
portions thereof. Permission will not be denied unless requested
unreasonably or excessively."
The record reflects that the Claimant who was off work for a medical
condition was cleared to return to work on April 14, 2000. This clearance was
granted by his attending physician on March 14, 2000. The Claimant advised the
Carrier on April
3,
2000 that he was able to return to work on April 14, 2000.
The Organization contends that the Carrier intentionally delayed the
Claimant's medical clearance in a well-calculated plan to avoid paying the Claimant
holiday pay. While there is some dispute with regard to the dates of the scheduled
physical there is no dispute that the Claimant waited 20 days to notify the Carrier of
his impending return to work.
Form 1 Award No. 13780
Page 3 Docket No. 13665
03-2-02-2-25
The record does not reflect that the Carrier's actions in scheduling the
return-to-work physical were untimely nor has the Organization substantiated their
position with any specific evidence or examples of prior similar situations. The
record when reviewed in it's entirety simply does not support the Organization's
assertions. The claim must be denied.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 24th day of October 2003.