NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Nicholas H. Zumas, Referee
PARTIES TO DISPUTE:
BROTHERHOOD
OF
MAINTENANCE
OF
WAY EMPLOYES
CENTRAL
OF
GEORGIA RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the effective agreement when it failed
to compensate B&B Laborer J. W. Barlow in accordance with the
agreement, thereby depriving him of holiday pay for Christmas Eve,
Christmas Day and New Year's Day, and as a result thereof:
(2) Mr. J. W. Barlow now be paid 24 hours at his respective
straight time rate account of the violation
referred to
in Part (1)
of this claim.
EMPLOYES' STATEMENT OF FACTS: Claimant J. W. Barlow has
established and holds seniority as B&B laborer from April 23, 1951 in accordance with agreement rules. He is an hourly rated employe.
Effective with the close of the day's work on December 15, 1961, he
was furloughed as the result of being displaced in the
exercise of
seniority.
He was called and
performed service
at the coal chute at Macon, Georgia
on Saturday,
December 23,
Christmas Eve, December 24 and Christmas Day,
December 25, 1961. He was compensated therefor at his time and one-half rate.
Effective with the close of the day's work on December 25, 1961, he was
again furloughed.
He performed not less than eleven (11) days of compensated service in
the thirty (30) calendar days immediately preceding the Christmas Eve and the
Christmas Day holidays of 1961 and the New Year's Day holiday of 1962.
He was available for service on the workdays immediately preceding and
following the subject holidays.
The Carrier failed and
refused to
allow him twenty-four (24) hours' pay
at his pro rata rate for the three holidays here in question.
The claim is not supported by any agreement rule, interpretation
or practice; therefore, it is without merit and is denied in its entirety.
a na s r
(And other docket claims were handled.)
CENTRAL OF GEORGIA
APPROVED: RAILWAY COMPANY
/s/ G. N. Certain /s/ J. L. Ferrell
G. N. Certain, J. L. Ferrell
Director of Assistant Director of
Personnel" Personnel
Mr. Certain wrote General Chairman Padgett under date of October 5,
1962, the following letter:
"Reference is made to our conference held in this office on Monday,
October 1, 1962.
I send you herewith four (4) copies of Memo of Conference confirming our handling, and my full and final decision on each of the
subjects discussed.
Please acknowledge receipt for the benefit of the record."
General Chairman Padgett acknowledged receipt per his letter of
October 12, 1962.
The next communication of record is a letter dated June 20, 1963, from
Mr. H. C. Crotty, President, Brotherhood of Maintenance of Way Employes,
to Mr. S. H. Schulty, Executive Secretary of the Adjustment Board, giving
notice of intent to appeal this claim to the Board for adjudication.
The Petitioners have failed in all handlings on the property to cite a
rule, interpretation or practice which gives them what they are here demanding. Not knowing of any rule, interpretation or practice that has been
violated by the Carrier, the demands of the Petitioners have been denied at
each and every stage of handling on the property. The claim has no semblance
of merit.
The rules and working conditions agreement between the Central of
Georgia Railway Company and its employes represented by the Brotherhood
of Maintenance of Way Employes is effective September 1, 1949, as amended.
Copies are on file with your Board, and the agreement, as amended, is hereby
made a part of this dispute as though reproduced herein word for word.
(Exhibits not reproduced.)
OPINION OF BOARD: Claimant was furloughed effective with the
close of work December 15, 1961 through the exercise of seniority.
The record shows he was later called by Carrier to work, and performed
work for Carrier on December 23, 24 and 25, 1961 and was compensated at
time and one-half.
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This claim is for holiday pay for 24
hours at the straight time rate.
Claimant, through Organization, asserts that he is entitled to holiday
pay by virtue of Sections 1 and 3 of Article II of the November 1954 Agreement, as amended by Article III of the 1960 Agreement. The pertinent portions
of those sections read:
"Subject to the qualifying requirements applicable to other than
regularly assigned employes contained in Section 3 hereof, 411 others
who have been employed on hourly or daily rated positions shall receive eight hours' pay at the pro rata hourly rate of the position on
which compensation last accrued to him for each of the above-identified holidays if the holiday falls on a work day of the work week as
defined in Section 3 hereof, provided (1) compensation for service
paid him by the Carrier is credited to 11 or more of the 30 calendar
days immediately preceding the holiday and (2) he has had a seniority
date for at least 60 calendar days or has 60 calendar days of continuous active service preceding the holiday beginning with the first
day of compensated service, provided employment was not terminated
prior to the holiday by resignation, for cause, retirement, death,
non-compliance with a union shop agreement, or disapproval of
application for employment.
e w a a
All others for whom holiday pay is provided in Section 1 hereof
shall qualify for such holiday pay if on the workday preceding and
the workday following the holiday they satisfy one or the other of the
following conditions:
M k · Y i
(ii) Such employe is available for service.
NOTE: `Available' as used in subsection (ii) above is interpreted
by the parties to mean that an employe is available
unless he lays off of his own accord or does not respond
to a call, pursuant to the rules of the applicable agreement, for service."
Carrier contends that Claimant was not entitled to holiday pay because
he was a furloughed employe, and as such, failed to comply with Section 2,
Article IV of the Agreement which reads:
"2. Furloughed employes desiring to be considered available to
perform such extra and relief work will notify the proper officer of
the Carrier in writing, with copy to the local chairman, that they will
be available and desire to be used for such work."
It is unnecessary in the instant case to decide whether Article III or
Article IV is applicable. It is clear from the record that Claimant was "available" by virtue of the fact that he responded to Carrier's call and went to work.
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:
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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
That the Agreement was violated.
AWARD
Claim is sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 5th day of May 1966.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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