NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Boston and Maine Railroad, that,
EMPLOYES' STATEMENT OF FACTS: The Agreement between the parties at the time this dispute arose bears an effective date of August 9, 1944, copy of which is presumed to be on file with your Board.
Claimant J. J. Stanton, occupied Rest Day relief position No. 21, with assignment of four days at Waltham, Mass., and one day per week, Monday at Wilmington, Mass.; hours of assignment at Wilmington being 6:30 A. M. to 2:30 P. M. Days and hours at Waltham being immaterial to the issue here.
As December 25, 1949, fell on Sunday, Monday was proclaimed and observed as the Holiday.
Claimant was not notified by Carrier at home or while enrouto that the Wilmington Station would be closed on Monday the 26th, and reported for work as usual; however, upon assuming the job found the station building locked and the keys not in the customary place. Upon contacting the dispatcher from a telephone outside the building, he was told that the agency at Wilmington would be closed that day and that he should go home. During his time at the station train No. 303 arrived and dropped off a lock-pouch of mail, which claimant protected until postmaster showed up, at whose request Claimant delivered the mail pouch to the post office. Shortly thereafter he returned to his home at Everett, Mass.
He turned in time for eight hours at the appropriate rate, time and onehalf, but the claim was declined, Carrier, instead, paying him on the "call" basis, or two hours at time and one-half rate. Upon appeal of the claim to the highest officer of the Carrier to whom appeal may be made, same was denied.
I do not wish to convey that the Forty-Hour Week Agreement was not in effect at the time of this claim because it was the five-day work week that set up the relief job held by claimant at the time, with four days at Waltham, Mass. Ticket Office and one day (Monday) on the first trick at Wilmington, Mass. Station. This latter point is the one involved in this claim and claim date of Monday, December 26, 1949, a Christmas holiday, observed on Monday in 1949.
Therefore, there is the exception in the guarantee rule then in effect and in the current agreement as to excluding certain holidays not worked.
POSITION OF CARRIER: Wilmington, Mass. station is one of the stations customarily closed on holidays, and it was closed on date of claim. A customary circular notice was issued outlining stations closed on holiday and services of employes not needed thereat on the holiday involved. Same was issued covering December 26, 1949 holiday involved in this claim. The contention is that the notice or circular was not seen by claimant.
Agent C. W. Hibbs, at Wilmington, made the written statement December 36, 1949-
However, the facts are that he did report and then learned that his position was not required to work and he went home. He did not remain on duty. On a basis of equity alone the Superintendent authorized a payment of two hours at time and one-half, under guarantee rule, Article IV-"provided that if employes are required for services on the above holidays they will be paid at the rate of time and one-half on a minute basis with a minimum of two hours for each tour of duty for such services".
All data and arguments herein contained have been presented to the Organization in conference and/or correspondence.
OPINION OF BOARD: Claimant J. J. Stanton held rest day relief position No. 21, with assignment of four days at Waltham, Massachusetts and one day per week, Monday, at Wilmington, Massachusetts, with hours from 6:30 A. M. to 2:30 P. M. at the latter station.
As December 25, 1949, was Sunday, this holiday was celebrated on Monday, December 26, as provided in the Holiday Service Rule (Article 3?).
Claimant made the trip from his home to Wilmington Station on Monday the 26th and found the building locked and the keys not in the customary place. He telephoned the dispatcher who informed him that Wilmington was closed on account of the holiday.
Carrier customarily issues a circular notice advising employes which stations are to be closed on holidays. Such a notice was issued for December 26, 1949, indicating that the Wilmington Station would be closed, but since Claimant was at Waltham (which station was to be open on the holiday), he claims not to have received a copy of this notice. 7798-5 257
Stanton assumed that he had a standing call to report to Wilmington each Monday; unless notified to the contrary. Carrier acknowledges that it is obligated "to notify the individual in advance whenever a position is blanked on a legal holiday." Knowing this, Carrier paid Claimant for two hours' time at the holiday rate on a "call" basis. (Employes' Exhibit No. 2).
Having acknowledged that Stanton should be paid on a call basis, the facts of this case clearly indicate that he should have been paid for eight hours for the day in question.
FINDINGS: The Third Division of the Adjustment Board, 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