Award No. 14078
Docket No. TE-13923
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John II. Dorsey, Referee
PARTIES
TO
DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
THE WESTERN PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of The Order
of Railroad Telegraphers on the Western Pacific Railroad, that:
1. Carrier violated the terms of an agreement between the parties
when it failed and refused to properly compensate C. W. Pate, 1st
shift wire chief, Sacramento, California, for time worked on the
following holidays: December 25, 1961 and January 1, 1962.
2. Carrier shall now compensate C. W. Pate for a day's pay at
the time and one-half rate for each of the holidays set out in paragraph one hereof, in addition to the compensation already paid him for
work performed on these days.
EMPLOYES' STATEMENT OF FACTS: There is in evidence an agreement by and between the parties hereto, effective June 1, 1940, revised January 1, 1953, and as otherwise amended. Copies of said agreement are on file
with your Board.
C. W. Pate, hereinafter referred to as Claimant, was on the dates involved
in this claim the regularly assigned first shift wire chief, Sacramento, California. As such he had an assigned work week of Tuesday through Saturday,
rest days Sunday and Monday.
The Western Pacific Railroad Company is the respondent and will hereinafter be referred to as Carrier.
On or about May 26, 1961, the Carrier notified Claimant that because of
lack of qualified wire chiefs to fill the rest day vacancies on his position
account the regularly assigned rest day relief employe, who formerly filled
these vacancies, had exercised his seniority on another position, he (Claimant)
would work the rest days of his position until further notice. This arrangement
continued in effect through the period involved in this claim.
Monday, December 25, 1961, and Monday, January 1, 1962, respectively,
were Christmas and New Year's Day, holidays within the meaning of Rule 9,
[6761
14078-21
896
OPINION OF BOARD: This case presents the identical jurisdictional
issue upon which we passed in Award No. 14077. For the reasons stated in
that Award we will dismiss this Claim for lack of jurisdiction.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
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 does not have jurisdiction
over the dispute involved herein.
AWARD
Claim dismissed for lack of jurisdiction.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 12th day of January 1966.