NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
BROTHERHOOD OF RAILROAD 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: H. O. McManis, with seniority dating from July 3, 1920, during the week November 19 to 25 1950, was assigned to vacation relief on 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. November 22, 1950, McManis was notified that his position would not work November 23, 1950 (Thanksgiving Day), account legal holiday, hence he should not report for work that day.
Investigation developed the fact, however, that November 23, 1950, furloughed employe C. R. Whiteman was called and worked, 8:40 A. M. to 6:10 P. M., performing duties normally and customarily attaching to position 1, group 4.
January 4, 1951, Vice Chairman W. W. Watson filed claim with General Agent E. E. Taylor in McManis' favor for 8 hours' pay at time and one-half rate for November 23, 1950, setting forth the fact that position 1, group 4, worked on that date, although MeManis, the regular incumbent, was denied the right to perform the work. (Exhibit "A") January 10 1951, General Agent Taylor declined the claim. (Exhibit "B") January 12, 1951, Vice Chairman Watson appealed to Superintendent P. C. Ausbrook from General Agent Taylor's adverse decision. (Exhibit "C") January 19, 1951, Superintendent Ausbrook declined the claim. (Exhibit "D.")
these positions in order to provide a full day's work for one employe. That was what was done in this case. Employes have completely failed to establish that furloughed employe Whiteman on November 23, 1950, substantially performed the duties of a Cashier. The claim for a full day's pay at time and one-half rate for Cashier McManis on that date is entirely without merit, and unsupported by the facts, and should be denied.
All evidence and data have been considered by the parties in correspondence and in conference.
OPINION OF BOARD: Decision herein is governed by our Award 6078, Docket CLX-6088.
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 Employes involved in this dispute are respectively Carrier and Employes 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