NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
John H. Dorsey, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
THE PENNSYLVANIA RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of The
Order of Railroad Telegraphers on the Pennsylvania Railroad Company that:
The following extra employes qualified for holiday pay as provided in the August 19, 1960 Agreement and shall be paid eight
hours at the pro rata rate of the position on which compensation
last accrued to them for Labor Day, September 5, 1960, which holiday fell on a wont day of their work week as provided in the August
21, 1954 Agreement as amended by the August 19, 1960 Agreement:
A. N. Mason K. P. Barger E. M. DeVore
P. A. Checca J. A. Johnston C. O. Swasy, Jr.
A. B. Roney W. H. Bump, Jrc. F. W. Miller
E. J. Simmons R. L, Shellhammer J. E. Schmitt
W. M. Fullerton H. E. Stewart B. O. Collins
J. E. Peyronel C. W. sproull L. W. Kennedy
E. E. Hughes R. G. Johnston C. R. Williams
W. R. Tomb L. C. Aikins R. G. Vey
J. W. Bryson R. J. Johnston R. E. Farabaugh
R. G. Ogden M. T. Young H. E. Malone
N. C. Libengood T. B. Townsend D. P. Lougherty
R. J. Ames L. J. Davis J, 0. McCabe
R. K. Haney J. P. McCombs
EMPLOYES' STATEMENT OF FACTS: Effective July 1, 1960, the
following Agreement was adopted by the parties with respect to paid holidays
(amending an Agreement of August 21, 1954)
1. All positions covered by the O.R.T. Agreement which will
be affected by the strike, effective 12:01 A.M., September 1, 1960,
will not be considered abolished in fact and when strike is terminated,
all employes will resume duty on their respective positions.
2. Employes, qualified on physical charteristics, will be permitted to exercise their seniority by displacement, in accordance
with the provisions of the applicalbe agreement, to assignments
which are maintained and work during the strike.
3. Employes exercising displacement rights to positions which
are maintained and work during the strike, will retrun to their former positions they held prior to the strike so that all employes will
return to their respective positions they held prior to date of strike
as provided by Item 1 of this Agreement.
4. It is understood that employes promoted under Regulation
2-S4 will not be permitted to exercise displacement rights.
5. All displaced employes will be considered as extra employes.
When necessary to fill vacancies on those positions which are maintained due to incumbents being absent or not available for any reason, Rule 5-E-1 will apply."
Accordingly, the 38 named Claimants above were laid off and did not work
from September 1, 1960 to September 12, 1960, when they returned to their
positions in accord with the understanding reached.
By letter dated October 7, 1960, the District Chairman, O:R.T., presented a claim to the Supervising Operator at Pittsburgh in the same form
as that quoted at the beginning of .this submission. The Supervising Operator denied the claim by letter dated November 22, 1960.
By letter dated November 26, 1960, the District Chairman presented the
claim to the Superintendent, Personnel, Pittsburgh Region, who denied it
under date of January 25, 1961. Thereafter, at the request of the District
Chairman, a Joint Submission covering this matter was prepared, a copy of
which is attached as Exhibit "A".
At meeting on April 21, 1961, the General Chairman presented the
claim to the Manager, Labor Relations, on the basis that Claimants were
entitled to the holiday pay under the provisions of the National Agreement
of August 19, ~L960, and the letter Agreement of August 29, 1960. The
Manager, Labor Relations denied the claim by letter of May 10, 1961.
Therefore, so far as the Carrier is able to anticipate the basis of this
claim, the sole question to be decided by your Honorable ,Board is whether
in the circumstances present the 38 named Claimants are entitled to be paid
for the Labor Day Holiday, September 5, 1960.
(Exhibits not reproduced.)
OPINION OF BOARD:
This case involves the same parties, issues and
Agreement as in Award No. 14879. For reasons stated in that Award we
will sustain this Claim.
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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 has jurisdiction over the
dispute involved herein; and
Thait Carrier violated .the Agreement.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 26th day of October 1966.
Keenan Printing Co., Chicago, Ill. Printed in U. S. A.
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