THIRD DIVISION
(Supplemental)
THE CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC
RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: The Claimants referred to in the Statement of Claim were regularly assigned to various hourly rated positions in the Maintenance of Way and Structures Department. On or about December 23, 1955, the Claimants were notified that they were laid off, effective with the close of the work period on Friday, December 23. 1955. On or about January 2, 1956, each of the Claimants was notified to report for service on his respective position and gang at the beginning of the work period on Tuesday, January 3, 1956.
In complying with the Carrier's instructions, each of the Claimants received compensation credited by the Carrier to Friday, December 23, 1955, and to Tuesday. January 3, 1956.
In August of 1954 the parties consummated an agreement providing for eight hours' straight time pay for each of the seven designated holidays not worked (which includes Christmas and New Year's Day). The Carrier has
Also, see Second Division Award No. 2300, Referee Carter, denying a similar claim because claimant was not, on the involved holiday, a regularly assigned employe, or the owner, on such holiday, of a regularly assigned position.
Rule 49 is of particular significance, in that it states in clear, unambiguous language that no compensation is to be allowed for work not performed. The claim which the Brotherhood here attempts to assert is fox compensation for work not performed. Therefore, under Rule 49, the claim is not valid.
Aside from the fact that the claim which the Brotherhood here seeks to assert is not supported by any provision contained within the four corners of the Agreements in evidence, it has been denied in principle by previous Board awards. In this situation, the Board cannot do other than make a denial award.
Carrier not having seen the Brotherhood's submission reserves the right, after having done so, to make appropriate response thereto.
OPINION OF BOARD: This case presents the same questions as those discussed in Award 10502, Docket MW-9719.
For the reasons assigned in our Opinion in that matter we hold that the claim here should be denied.
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