BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
GULF COAST LINES; INTERNATIONAL-GREAT NORTHERN RR. CO.; THE ST. LOUIS, BROWNSVILLE & MEXICO RY. CO.; THE BEAUMONT, SOUR LAKE & WESTERN RY. CO.; SAN ANTONIO, UVALDE & GULF RR. CO.; THE ORANGE & NORTHWESTERN RR. CO.; IBERIA, ST. MARY & EASTERN RR. CO.; SAN BENITO & RIO GRANDE VALLEY RY. CO.; NEW ORLEANS, TEXAS & MEXICO RY. CO.; NEW IBERIA & NORTHERN RR. CO.; SAN ANTONIO SOUTHERN RY. CO.; HOUSTON & BRAZOS VALLEY RY. CO.; HOUSTON NORTH SHORE RY. CO.; ASHERTON & GULF RY. CO.; RIO GRANDE CITY RY. CO.; ASPHALT BELT RY. CO.; SUGARLAND RY. CO. (Guy A. Thompson, Trustee)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that-
EMPLOYES' STATEMENT OF FACTS: The three positions here involved are assigned 365 days annually and the current daily rates are $18.92, $17.69 and $15.77, respectively.
47. Incorporated in this revised rule are the provisions of Article II, Sections 1 and 3 of the August 21, 1954 Agreement--the same provisions which the Employes contend should now be applied of the three positions here involved. (See paragraphs (c) and (d)).
The fact that paragraph 3 of the December 7, 1949 Memorandum of Agreement specifically excepts these three positions from Rule 47 of the working Agreement further supports the position of Carrier that the provisions of Article II, Sections 1 and 3 of the August 21, 1954 agreement are not applicable to the positions here involved.
Furthermore, attention is directed to Article 11, Section 5 of the August 21, 1954 Agreement, reading:
The occupants of the positions in question are being compensated in accordance with the Memorandum of Agreement dated December 7, 1949365 days per year-which, of course, includes the seven designated holidays. Where, then, is there any basis or justification for again compensating them for the seven holidays as contended by the Employes?
It is the position of Carrier that the contention of the Employes should be denied.
The substance of matters contained herein has been discussed in conference and/or correspondence between the parties.
OPINION OF BOARD: The claim in this dispute is for an additional day's pay at pro rata rate for each holiday occurring since May 1, 1954, in favor of occupants of the positions of Secretary to Senior Executive Assistant, Secretary to General Manager, and Secretary to Assistant General Manager, under Article 11 of the National Agreement dated August 21, 1954.
According to the record, the basic rate of pay for positions in question, and referred to as daily wage rated positions, reflects compensation based on an annual assignment of 365 days.
By Agreement dated December 7, 1949 effective September 1, 1949, the positions subject to dispute were excepted from the provisions of Rule 47-Sunday Work-Holiday Work, and that Agreement is shown to be incorporated in and made a part of the Schedule Agreement governing in this docket.
Following settlement and signing of the National Agreement, the parties to the dispute, by Agreement dated January 12, 1955 without revising, amending, modifying, or changing in any particular, their Agreement effective September 1, 1949, incorporated the provisions of Sections 1, 3 5 of the National Agreement into their Schedule Agreement under Rule 47 leaving these same positions excepted, as in the past, from the operation of Rule 47.
The effect of the foregoing rules changes was to merge all rights, privileges, and benefits of Sections 1, 3, 5 of the National Agreement into the Schedule Agreement and to leave the positions in question still excepted.
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: 7334-11 641