THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen of America on the Gulf, Mobile and Ohio Railroad Company that:
EMPLOYES' STATEMENT OF FACTS: The claimants in this dispute are regularly assigned Signal Employes at Bridgeport Bridge, Ill., and worked eight hours on Friday, February 22, 1957, which was Washington's Birthday, a legal holiday. Inasmuch as the claimants performed work on this day, they each claimed eight hours at time and one-half rate and also claimed eight hours at the straight-time rate (holiday pay) due to February 22, 1957, being one of the seven recognized holidays. The Carrier allowed each of the claimants eight hours at the straight-time rate for working on that date and eight hours each at the straight-time rate for holiday pay.
Upon being denied the time and one-half rate for performing work on the recognized holiday, a claim was filed in behalf of the claimants by General Chairman J. E. Powell with Mr. H. C. Sampson, Superintendent of Signals, under date of March 13, 1957, in a letter which read as follows:
tain employes on seven (7) enumerated holidays. Washington's Birthday is one of the enumerated Holidays. Section 5 of Article II provides that the Holiday Rule shall not be construed to change existing rules and practices thereunder covering the payment for work performed by an employe on a holiday. This provision specifically states that the Holiday Rule of the August 21, 1954 Agreement did not in any way affect or "change existing rules". The "existing rule", which is Rule 8(a) of the current Agreement (effective November 1, 1950) does not include Washington's Birthday in naming the Holidays on which time and one-half payments will be made.
The employes are attempting by a procedure before this Board to have Washington's Birthday incorporated as one of the holidays specified in Rule 8. This Board does not have the authority to enlarge or expand an Agreement to include a holiday that the Agreement does not contain. See Awards 7166, 6828 and others.
A similar case is pending before this Board in Docket SG-9072 involving a claim for time and one-half payments to signalmen on the Union Railroad. The basic Agreement on the Union Railroad, like the Agreement on the Gulf, Mobile and Ohio Railroad, does not include Washington's Birthday as one of the stipulated holidays.
There is no provision of the Agreement between the parties to this dispute providing for payment of overtime rates for work performed on Washington's Birthday.
Carrier reserves the right to make an answer to any further submission of the Organization.
OPINION OF BOARD: This dispute is between the Brotherhood of Railroad Signalmen and the Gulf, Mobile and Ohio Railroad Company.
Claimants in this case worked 8 hours on Washington's Birthday, a legal holiday. The Carrier allowed each of the Claimants 8 hours of straight time and 8 hours at straight time rate for working a holiday.
Petitioner contends that Claimants are entitled to overtime rate for work performed on a legal holiday.
"Work on Holidays and Rest Days
"(Changed by 40-Hour Week Agreement of March 19, 1949)
Award 9084 (McMahon) is squarely in point with the instant case. We concur with the opinion expressed therein.
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