NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: The Claimant employes were regularly assigned to positions of Section Laborer on the sections headquartered at Seymour, Iowa, Moravia, Iowa and Blakesburg, Iowa, respectively.
On Wednesday, November 27, 1957 the Carrier's Roadmaster sent a message to the Claimants' respective Foreman instructing each to reduce their gangs to one man for the balance of that month.
Consequently, each of the claimants were laid off at the close of the work period on Wednesday, November 27, 1957 and each returned to service on Monday, December 2, 1957.
Each of the Claimants thus received compensation credited by the Carrier to Wednesday, November 27, 1957 and to Monday, December 2, 1957.
The Carrier has refused to allow each of the Claimants eight hours' straight time pay for Thanksgiving Day, November 28, 1957.
The Agreement in effect between the two parties to this dispute dated September 1, 1949, together with supplements, amendments and interpretations thereto is by reference made a part of this Statement of Facts.
In recognition of the fact that the issue involved in this instance is whether the claimants qualified for holiday pay under the provisions of Article 11-HOLIDAYS, of the agreement of August 21, 1954, and the claimants did not meet the eligibility requirements for such holiday pay as out-. lined earlier in this submission, their claim is entirely devoid of merit and should be denied.
OPINION OF BOARD: Claimants were laid off at close of work period Wednesday, November 27, 1957, and returned to service Monday, December 2, 1957. They make claim for eight hours straight time pay for Thanksgiving Day, November 28, 1957. The Agreement provided for such compensation but to qualify employe must have compensation credited to the work day immediately preceding and immediately following the holiday. Claimants did not receive credited compensation the day following Thanksgiving, which was a workday.
In its essential aspects, this claim is not distinguishable from the claims which led to our Award 10175 (Daly), 10287 (Wilson) and 10505 (Hall). We see no reason for reaching a different conclusion.
Even though there may be equity in Claimants' position, this Board has no power to change the Agreement which required the employes to receive compensation credit for November 29, 1957, the day immediately following the holiday. Since the Claimants failed to qualify for holiday pay, we hold that the claim is without merit and must 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 wholerecord 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