THE DENVER AND RIO GRANDE WESTERN RAILROAD
COMPANY
The Claimant Extra Gang Laborers referred to in Part (1) of our Statement of Claim received compensation credited by the Carrier to the work days immediately preceding and following Decoration Day, May 30, 1955.
Similarly, the Claimant Extra Gang Laborers referred to in Part (2) of our Statement of Claim received compensation credited by the Carrier to the work days immediately preceding and following July 4, 1955.
days not worked if they were regularly employed during the pay roll period in which the holiday occurred and were regularly employed during the pay roll period preceding the holiday. By reason of the fact Extra Gang 6030 was established May 3, 1955 and Extra Gang 6032 was established May 18, 1955 none of the employes on these gangs had established seniority and were regularly assigned, neither were they regularly employed during the pay roll periods May 1 to 15 and May 15 to 31, 1955. They were therefore not compensated for Decoration Day, May 30, 1955.
With respect to claim of Extra Gang 6030, claim was submitted for one day's pay each, for 24 employes of this gang on July 4, 1955. Although the employes on Extra Gang 6030 had not established a seniority date by working the majority of the working days in each of three (3) consecutive months, the Carrier compensated 18 of the 24 men making claim, for one day's pay at pro rata rate July 4, 1955 by reason of the fact they were regularly employed during the pay roll periods June 16 to 30 and July 1 to 15, 1955. Six of the 24 laborers making claim for July 4, 1955 did not qualify.
The Carrier holds in view of the rules cited, the Employes involved were not on dates involved, regularly assigned employes under the provision of Section 1, ARTICLE II of the August 21, 1954 Agreement. The Carrier also holds it went beyond the provisions of ARTICLE II of the August 21, 1954 Agreement when it compensated 18 employes of Extra Gang 6030 to the extent of one day's pay each July 4, 1955 when the employes on that gang had not established seniority and were not as result thereof regularly assigned employes.
Copies of the Employes' letters of July 5 and August 3, 1955, as well as Carrier's letters of August 31 and September 19, 1955 are appended hereto.
All data in support of Carrier's position have been presented to the Employes and made a part of the particular question in dispute. The Carrier reserves the right to answer any data not heretofore presented to it.
OPINION OF BOARD: The Carrier contends that for an employe to receive holiday compensation the following requirements-as set forth in Article II, Sections 1 and 3 of the current Agreement entitled "Holidays"must be met:
1. The Employe must be a regularly assigned hourly and daily rated Employe;
3. The Employe must have compensation credited to the workday immediately preceding and the workday immediately following the holiday.
The record indicates that the Claimants not only complied with all the requirements set forth above but also complied with the provisions of Rules 11 and 12 as evidenced by the following:
1. Each Claimant has a regular extra gang laborer's position on either Extra Gang No. 6030 or No. 6032; 10136-9 132
2. Each Claimant had a regularly assigned forty hour week with two designated rest days;
The Carrier's contention that the Claimants were not regularly assigned Employes and consequently they were not entitled to holiday compensation for May 30, 1955 and for July 4, 1955, is not supported by the record. Accordingly, the Board must find for the Organization and sustain the claim as presented.
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