NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the District Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: R. K. Benson, with seniority dating from February 17, 1917, is regularly assigned to position 1, group 4, titled "Cashier-Money Clerk," hours of assignment 8:40 A. M. to 5:40 P. M., meal period 12:00 noon to 1:00 P. M., days of rest Saturday and Sunday, salary $284.02 basic per month.
December 24 and 31, 1950, Benson was notified that his position would not work December 25, 1950 (Christmas) and January 1, 1951 (New Year's), account of legal holidays; hence should not report for work on those dates.
Investigation developed the fact, however, that December 25, R. W. Beck, a regularly assigned employe, one of whose rest days was December 25, was called and used as a Money Clerk, 8:20 A. M. to 4:50 P. M., and January 1, 1951, J. J. Strom, a furloughed employe, was called and used as Money Clerk, 7:00 A. M. to 3:30 P. M. Both employes Beck and Strom, on December 25 and January 1, respectively, performed all of the Money Clerk duties normally and customarily attaching to position 1, group 4, CashierMoney Clerk, to which Benson was regularly assigned.
January 4, 1951, Vice-Chairman W. W. Watson filed claim with General Agent E. E. Taylor in Benson's favor for 8 hours' pay at time and one-half rates for December 25, 1950 and January 1, 1951, respectively, setting forth the fact that position 1, group 4, worked on both dates, although Benson, the regular incumbent was denied the right to perform the work. (Exhibit
As in the MeManis case, the employes who worked the position of Money Clerk on the Holiday, Beck on December 25, 1950, and Strom on January 1, 1951, checked out Messengers on three trains-accounting for approximately fifteen minutes time-which work is normally that of Money Clerk. With this exception, none of the work performed by employe Beck on December
25, 1950, or employe Strom on January 1, 1951, was work performed by the Cashier on his regular tour of duty.
Employes have completely failed to establish that employes Beck and Strom substantially performed the duties of Cashier on December 25, 1950 and January 1, 1951, respectively. The claim of Cashier Benson for a full day's pay at time and one-half on those dates is entirely without merit and should be denied.
All evidence and data have been considered by the parties in correspondence and in conference.
OPINION OF BOARD: There is in evidence an agreement between the parties bearing effective date of September 1, 1949.
The claim is (1) that a call was not given R. K. Benson, Cashier, by the Carrier on December 25, 1950, and January 1, 1951, to work his regular assignment. (2) That he be compensated for 8 hours at time and one-half rates at $284.02 basic per month for the days in question.
On June 7, 1950, the position of Money-Clerk was abolished at this agency. The letter of E. E. Taylor, General Agent, reads as follows:
On December 24 and 31, 1950, the Claimant was notified by the Carrier that his services would not be required on December 25, 1950, and January 1, 1951, because they were legal holidays.
On December 25, 1950, R. W. Beck, a regular assigned employe, on another position of Money Clerk, another shift, who was then off duty on a rest day, was called and used to perform the Money Clerk work at this agency, 8:20 A. M. and 4:50 P. M. On January 1, 1951_ J. J. Strom, a furloughed extra employe, was called and used to perform the Money Clerk work at this agency, 7:0 A. M. and 3:30 P. M.
The Organization contends that the Money Clerk work performed on the above days was part of the position of the Cashier Claimant. The Carrier contends that there were no Cashier duties on the above dates.
The Employes rely upon Decision 2 of the Forty Hour Week Committee with respect to holiday work. The Carrier states that it was not a party to the Forty Hour Week national negotiations which developed into the Agreement of March 19, 1949, and did not participate in the Committee, therefore, the holiday work rule did not become part of its agreement. From the above 6078-12 1070
facts the holiday work rule, Decision 2, as set forth by the Forty Hour Week Committee is not binding on this Agency.
This rule states that the Carrier may assign the work which is not part of any assignment to an available extra or unassigned employe who will otherwise not have 40 hours of work that week. Holidays are not part of the assigned days for this Claimant.
The Carrier states that on December 25, 1951, no extra or furloughed employe being available, the senior Money Clerk was called. A furloughed (extra) employe was called on January 1, 1951. No showing in the docket has been made by the Employes that work of the Claimant Cashier was performed on December 25, 1950, and January 1, 1951. Therefore, the claim must fail.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employe involved in this dispute are respectively Carrier and Employe within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and