NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
ILLINOIS CENTRAL RAILROAD COMPANY
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM:
Are the following claimants entitled to two
days' pay at the overtime rate for working on holidays falling on their
rest days?
Claimant Claim Date
Odis Martin, Clarence Brown, James Blanton, Oliver May 30, 1964
Sims, T. S. Green, E. Fleming, S. H. McCollins,
S. Spain
J. M. Manion, J. G. Johnson, W. K. McCracken May 30, 1964
J. M. Manion, E. L. Smith, J. G. Johnson, D. C. Arm- July 4, 1964
strong, D. M. Scherrer, J. D. Herold
M. E. Chambers May 30, 1964
Gene Cox May 30, 1964
J. E. Parker May 30, 1964
J. W. Cheniae July 4, 1964
1. E. Johnson July 4, 1964
C. Seeliger, J. Gorches May 30, 1964
Joseph Young, Terenzio Spizzo, John Azara, Joseph May 30, 1964
Grippando, William French, James Simpson, David
Swedberg, William Potts, Elijah Sercye, Clarence
Sutton, Alonzo Williams, William Jackson, John
Conley, Deasmer Douglas, Horace Shelton, M. D.
Garrett, L. V. Hambrick, Joseph Harkness, Will
Cloud, Eddie Winchester, Clifton Thames, Eddie
Griffin, Robert Batiest, Lorenzo Morrow, Noah
Hunter, Willie Ford, Richard Snipes, Litiby McCune,
James Richardson, Therron Davis, James Davis,
Frank Rubido, Balente Padilla, Wesley Brooks, Al
bert Martinez, Manzie Harston, 0. C. Adams, Jr.,
Osben Lyons, Matthew Gillen, Isaak Beck
H. C. Ridenhour May 30, 1964
July 4, 1964
J. Blanton, C. Brown, O. Sims July 4, 1964
R. J. LaVeille, W. H. Stirn, L. C. Kelley, W. J. May 30, 1964
LaVeille, J. Normberger, G. Vandevyvere
S. Howard, F. W. McGinnis, L. C. Kelley, E. Peter- July 4, 1964
son, G. Vandevyvere
R. M. Hardy, M. W. Abbott, R. Hill, N. G. Nuckolls July 4, 1964
E. E. Kramer Sept. 7, 1964
E. E. Huffman Sept. 7, 1964
Burt Hester Sept. 7, 1964
J. M. Griffin Sept. 7, 1964
R. H. Dupuy July 4, 1964
J. Griffin July 4, 1964
Ward Frosts, C. H. Place Sept. 7, 1964
T. H. Smoot Nov. 26, 1964
R. T. Russell Dec. 25, 1964
E. M. Pegues Nov. 26, 1964
L. J. Edwards Jan. 1, 1965
D. Bennett, L. D. Robinson, E. E. Burg Nov. 26, 1964
Frank Morrell, Robert Peters, R. J. LaVeille Nov. 26, 1964
L. T. LaPlante Jan. 1, 1965
J. S. Moss Feb. 22, 1965
CARRIER'S STATEMENT OF FACTS: For the last forty years,
clerks who have worked on holidays falling on their rest days have been
paid one day at the overtime rates. Then, in 1964, the union heard that the
Adjustment Board had sustained claims for an additional day at the overtime rate. The time was ripe, the union decided, to seek the same pay for
Illinois Central clerks. The union began to flood the company with claims
for a second overtime day for employes who work holidays falling on their
rest days. The company pointed out the parties have been in agreement for
forty years that clerks are entitled to only one overtime day instead of two,
but the company could not persuade the union to withdraw the claims. The
union insisted the Adjustment Board awards nullified this agreement. Pertinent correspondence is attached as Management's Exhibit A.
(Exhibits not reproduced.)
EMPLOYES' STATEMENT OF FACTS: The Agreements between the
parties are on file with the Board and by this reference thereto are made a
part hereof.
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(Exhibits not reproduced.)
OPINION OF BOARD: We are here concerned with a claim filed by
this Carrier, which reads as follows:
"Are the following claimants entitled to two days' pay at the
overtime rate for working on holidays falling on their rest days?"
We have already disposed of the issue involved here by our Award No.
15361.
For the reasons there cited, the Carrier is required to pay the Claimants
named in this docket two days' pay at the rate of time and one-half for
working on holidays falling on their rest days.
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
That the Agreement was violated.
Petitioner's question is answered in the affirmative, and Claimants should
be compensated in accord with Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 17th day of February 1967.
CARRIER MEMBERS' DISSENT TO AWARD 15362,
Docket CL-15861 (Referee Lynch)
For the reasons stated in our Dissent to Award 15361, we consider this
Award invalid, and vigorously dissent.
G. L. Naylor
R. E. Black
T. F. Strunck
P. C. Carter
G. C. White
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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