CORRECTED
Form I NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13934
Docket No. 13818
NRAB-00002-070002
(07-2-2)
The Second Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(Brotherhood Railway Carmen Division (BRCD)
(Transportation-Communications International Union
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company (ST)
STATEMENT OF CLAIM:
"Claim of the Employees:
1. That the Springfield Terminal Railway Company violated the
terms of our Agreement, in particular Rule 14 when the Carrier
deducted four (4) days of pay (on March 11 and March 18, 2005)
from the pay check of Kenneth S. Gardner, for the Christmas
and New Year's Holidays.
2. That, accordingly, the Springfield Terminal Railway Company
be required to compensate Carman Kenneth S. Gardner for four
(4) days pay. Twenty-four hours at the rate of $19.44 per hour
and eight (8) hours pay at the rate of $19.83 per hour for a total
of $625.20. This is the amount of compensation he would have
earned had the Carrier not violated the Agreement."
The Second Division of the Adjustment Board, upon the whole record and all
the evidence, finds that:
Form I Award No. 13934
Page 2 Docket No. 13818
NRAB-00002-070002
(07-2-2)
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.
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 facts in this case are that Claimant was originally paid holiday pay for
December 24 & 25, 2004 and December 31, 2004 and January 1, 2005. In March of
2005 the Carrier deducted these days from the Claimant on the basis he did not
qualify for holiday pay because he was off on personal leave on the qualifying days.
On April 7, 2005 the Organization filed this claim on the basis the Carrier
violated Rule 14.2 which reads:
"14.2 A regularly assigned Employee will qualify for the holiday pay
provided in paragraph 14.1 if they work the full work day
immediately preceding and the full work day immediately
following such holidays. Employees who are 60 minutes or less
late reporting for work will be considered to have worked the
full day, provided they work the remainder of their shift. 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."
Claimant was given permission to take Personal Leave on the qualifying days
for the holidays. As such it did not disqualify him for holiday pay.
The Organization has shown the Carrier violated the Agreement.
AWARD
Form 1 Award No. 13934
Page 3 Docket No. 13818
NRAB-00002-070002
(07-2-2)
Claim sustained.
This Board, after consideration of the dispute identified above, hereby orders
that an award favorable to the Claimant(s) be made. The Carrier is ordered to make
the Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 27th day of March 2008.