NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
David H. Brown, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
TENNESSEE CENTRAL RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the Agreement when it failed and refused
to allow eight (8) hours' pay at their respective pro-rata rates as
holiday pay for Thanksgiving Day, 1961 to the following listed Track
Department employes:
Leo Phillips William P. Thomas
Woodrow Herd J. Crudup
Taylor Wallace J. D. Morris
Normie Bennett William Vowell
Granville Bowman W. H. McLean
C. W. Largen H. J. Toler
Robert Brown Vernon Emmett
T. N. Hassler W. D. Bayne
Leonard Williams U. S. Williams
G. C. Hawkins G. C. McLean
J. Honeycutt J. W. Bates
J. T. Mahaney W. O. Holley
Thmoas Dishman J. Broomfield
H. T. Felts
(2) Each of the employes named in Part (1) of this claim be
allowed eight (8) hours' pa yat his respective pro-rata rate.
EMPLOYES' STATEMENT OF FACTS: Each of the Claimants had
established over 60 days' seniority prior to the subject holiday.
Each of the Claimants is an hourly rated employe.
Each of the Claimants was assigned to and did perform compensated
service on November 1, 2, 3, 6, 7, 8, 9, 10, 13, 14, 15 and 16, 1961. Consequently, each Claimant had compensation for service paid him by the Carrier
credited to more than 11 of the 30 calendar days immediately preceding the
subject holiday.
ployes on the same assignment on both the work day preceding and
the work day following the holiday will have the work week of the
incumbent of the assigned position and will be subject to the same
qualifying requirements respecting service and availability on the
work days preceding and following the holiday as apply to the
employe whom he is relieving.
For other than regularly assigned employes, whose hypothetical
work week is Monday to Friday, both days, inclusive, if the holiday
falls on Friday, Monday of the succeeding week shall be considered
the work day immediately following. If the holiday falls on Monday,
Friday of the preceding week shall be considered the work day
immediately preceding the holiday.
Compensation paid under sick-leave rules or practices will not
be considered as compensation for purposes of this rule."
(Exhibits not reproduced.)
OPINION OF BOARD: In this case 27 named employes are claiming
holiday pay for Thanksgiving Day, 1961. Claimants were regularly assigned
hourly rated employes who were laid off by Carrier during the period
November 17-18, 1961 to December 3, 1961.
On the basis of our decision in Award 14515, all named Claimants set out
in Statement of Claim met all the qualifying requirements of Article III of
the August 19, 1960 Agreement, therefore their claim for Thanksgiving Day
is 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;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
'That the Agreement was violated.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois,
this 17th day of June 1966.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
14522 4