UNION PACIFIC RAILROAD COMPANY
(Eastern District)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5810) that:
EMPLOYES' STATEMENT OF FACTS: There are in full force and effect bargaining agreements entered into by and between the Union Pacific Railroad Company, hereinafter referred to as Carrier, and the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes, hereinafter referred to as Employes. All such agreements are on file with this Division of the National Railroad Adjustment Board, and, by reference, are made a part of this submission as though set out herein word for word.
The dispute submitted herein was handled on the property in the usual manner, through the highest Officer designated by the Carrier to handle such disputes, failed of adjustment, and is now properly before your Board for adjudication
The claimant, Mr. D. A. Maddison, was regularly assigned the position of Night Report Clerk in the Office of the Chief Dispatcher at Cheyenne, Wyoming. The assigned hours were 10 P. M. to 6 A. M., Wednesday through Sunday with Monday and Tuesday as rest days, having a rate of pay at that time of $461.15 per month.
A position of General Clerk in this Chief Dispatcher's office was advertised, July 6, 1964, on a temporary basis (approximately 6 months). The temporary position was assigned Mr. Maddison, July 15, 1964. The assigned
Wyoming, 10:00 P. M. to 6:00 A. M., Wednesday through Sunday with Monday and Tuesday rest days. Mr. Maddison was the senior applicant for a bulletined temporary vacancy on the position of General Clerk, 7:00 A. M. to 4:00 P. M., Sunday through Thursday, with Friday and Saturday rest days, however, because there was no qualified employe available to fill the position of Night Report Clerk, Maddison was required to remain on that position. In accordance with Rule 11(e) of the current schedule agreement with the Organization, reading as follows:
Maddison was paid the rate of the General Clerk position for each day he worked as Night Report Clerk from July 15 through September 12, 1964, plus penalty of $1.00 per day from July 24 through August 12 and penalty of $2.00 per day from August 13, through September 12.
On Monday, September 7, 1964, a rest day of the position of Night Report Clerk, Maddison was required to work his regular assignment because there was no relief available. For this service on September 7, 1964, Claimant Maddison filed form 5056 "Daily Time Card," claiming 8 hours at the time and one-half rate for working and 8 hours at the pro rata rate for holiday pay. Mr. Maddison was allowed 8 hours at the overtime rate but the claim for 8 hours pro rata holiday pay was declined because the holiday fell on a rest day of his position and he therefore did not qualify for holiday pay.
The claim was withdrawn and then was refiled for an additional 8 hours at the time and one-half rate account required to work on a holiday, based on the contention that Mr. Maddison was entitled to 8 hours' pay at the time and one-half rate for working his rest day plus an additional 8 hours at the time and one-half rate because the rest day was also a holiday.
OPINION OF BOARD: Claimant was regularly assigned the position of Night Report Clerk in the office of the Chief Dispatcher at Cheyenne, Wyoming. The assigned rest days of this position were Monday and Tuesday.
Claimant had been the successful bidder for a temporary position of General Clerk in the same Chief Dispatcher's office. Since no qualified employe was available to replace Claimant he was not permitted to work the temporary position but was paid at the higher rate.
This claim arose when Claimant was required to work on Monday, September 7, 1964, an assigned rest day of the position he was working and coincidentally, a holiday recognized by the agreement.