Award No. 11449
Docket No. MW-10683
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
William H. Coburn, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
ILLINOIS CENTRAL RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement when it failed
and refused to allow eight hours' straight time pay for Washington's
Birthday, February 22, 1957 to the following named extra gang laborers:
K. D. Ramsey J. F. Edwards
E. W. Gibson B. McWhorter
G. C. Curry J. L. Ballard
C. C. Todd V. E. Brame
T. D. Ramsey W. E. Tucker
(2) Each of the above named employes be allowed eight hours'
straight time pay because of the violation referred to in Part (1) of
this claim.
EMPLOYES' STATEMENT OF FACTS: Extra Gang No. 222 was organized and placed into service by the Carrier to work on its St. Louis Division effective as of February 18, 1957.
The claimants named in Part (1) of the Statement of Claim, who were
in furloughed status, were recalled to service to fill the newly established
hourly rated positions of extra gang laborers in the afore-mentioned extra
gang. They were not used to temporarily relieve other employes.
Each of the claimants received compensation from the Carrier which was
credited to the workdays immediately preceding and following the February
22, 1957 holiday (Washington's Birthday).
Nonetheless, the Carrier has refused to allow each claimant eight hours'
straight time pay for the above referred to holiday.
The claim has been handled in the usual and customary manner.
of the seven enumerated holidays should fall on a workday of the
work week of a regular assigned hourly rated employe, he should
receive the pro rata rate of his position in order that his usual take
home pay would be maintained, and so recommended. It was on the
basis of this recommendation that Section 1 of Article 11 of the August
21, 1954 Agreement was based. We think the language used, both in
the Board's recommendation and in the agreement of the parties
adopted pursuant thereto, was intended and does clearly apply to the
employe who is regularly assigned to and on a position and not to
the position or job itself. Consequently an employe who is only temporarily filling such regular position would not be eligible to receive
the benefits thereof. We find the claim should be denied."
Also, refer to supporting awards Third Division Awards 7430, 7431, 7432,
7721, 7978, 7980, 7979, 8053, 8055, 8056, 8058, 8254, 8362, 8363, 8371, 8372;
Second Division Awards 2052, 2297 and 2563.
The Carrier reiterates that the Claimants were extra unassigned laborers, and that, therefore, the claim is without basis under the provisions of
Section 1, Article 2, of the August 21, 1954 Agreement. The claim should be
denied.
All data in support of the Carrier's position have been presented or made
known to the Employes.
(Exhibits not reproduced.)
OPINION OF BOARD:
These Claimants were section laborers assigned
to an extra gang which performed track-laying service in the period from
February 17 through March 1, 1957. They did not work on February 22, 1957,
1 (Washington's Birthday) one of the seven holidays listed in Article II, Section
1 of the National Agreement of August 21, 1954. Claim is for holiday pay of
eight hours' straight time for each Claimant.
It is agreed that the sole issue is whether Claimants were, in fact, "regularly assigned" on the days worked immediately preceding and following the
holiday within the meaning of that term under the holiday pay provisions
of the aforesaid agreement.
This case is not distinguishable on its facts or the rules involved from
those in Docket No. MW-8741, Award No. 10136, where the Board held, in
sustaining the claim, that Claimant extra gang laborers there were "regularly
assigned" employes and thus entitled to holiday pay under the same provisions of the National Agreement as are in evidence here.
The Board should endeavor to avoid, whenever possible, rendering inconsistent and conflicting interpretations of national and local agreements
where they apply to substantially similar factual situations. Therefore, we
concur in and adopt the Findings of Award No. 10136 as controlling and dispositive of the issue here presented. The claim, therefore, must be sustained.
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;
114¢9-n
562
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was violated.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 27th day of May 1963.