NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Port Authority Trans-Hudson Corp.:
EMPLYOES' STATEMENT OF FACTS: At the time this dispute arose, Claimant Neubelt held a Signal Repairman position with headquarters at 33rd Street, with regular hours 8 A. M. to 4 P. M. Monday through Friday, rest days Saturday and Sunday.
Mr. Neubelt was on vacation during the week starting Sunday December 24, 1961. Christmas, a recognized holiday, fell, of course, on Monday, December 25, 1961.
Carrier subsequently paid Mr. Neubelt eight (8) hours pay for December 25, 1961. On January 20, 1962, the Brotherhood's General Chanrman presented a claim (Brotherhood's Exhibit No. 1) on behalf of Mr. Neubelt for eight hours pay, on the basis he was entitled to eight hours holiday pay under the August 21, 1954. Agreement, and eight hours vacation pay under the same Agreement.
In denying the claim, Carrier asserted (Brotherhood's Exhibit No. 2) that Mr. Neubelt was on vacation on Chrismtas and that he is not entitled to holiday pay as he would not have been assigned work on that day had he not been on vacation.
In his appeal of March 30, 1962 (Brotherhood's Exhibit No. 3), the General Chairman referred to the holiday provisions of the August 21, 1954, Agreement, as amended by the August 19, 1960, Agreement, and pointed out that those provisions provide and require that employes meeting the qualifications therein specified will be paid eight hours holiday ,pay. The General also pointed out that the Carrier had allowed a similar claim of an employe of another craft.
Clark and the Brotherhood of Railroad Signalmen, as members of the Railway Labor Executives' Association, were parties to this stipulation. I am attaching a copy of the stipulation for your records. In addition, I am supplying correspondence which we had with the Railway Labor Executives' Association prior to the stipulation. This stipulation clearly sets forth the fact that The Port of New York Authority was to assume no responsibility for claims prior to its acquisition.
The various unions of the Port Authority Trans-Hudson Corporation have lived up to the agreement in the stipulation and have pursued claims existing prior to September 1, 1962, against the Hudson Rapid Tubes Corporation and, I am told, have reached settlements of these claims with that organization. It is our position, therefore, that this claim, and all other claims pre-dating September 1, 1962, are incorrectly filed against The Port of New York Authority and that the stipulation which is attached holds.
OPINION OF BOARD: Respondent, Port Authority Trans-Hudson Corporation, is not a party or privy to the agreement which Petitioner claims to have been violated. We, therefore, must dismiss the Claim.
FINDINGS: The Third Division of the Adjustment Board, 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 Claim must be dismissed for failure to name a proper party respondent.