STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5945) that:
EMPLOYES' STATEMENT OF FACTS: W. T. Coble, hereinafter referred to as Claimant, was a regularly assigned Clerk at Hamlet, North Carolina, yard office and occupied the position of Assistant Chief Clerk working from 11:00 P. M., to 7:00 A. M., Sunday through Thursday with Friday and Saturday as relief days.
Tuesday, January 12, 1965, was Claimant's birthday and he was instructed not to work on this date and a furloughed Clerk filled his position on that day.
CARRIER'S STATEMENT OF FACTS: There is a duly negotiated agreement in effect between the parties to this dispute, the Brotherhood of Railway and Steamship Clerks, hereinafter shown as the Petitioner, and the Seaboard Air Line Railroad Company, hereinafter shown as the Carrier. That agreement and supplements thereto are on file with your Board and by reference are made a part of this submission.
The Claimant, Mr. W. T. Coble, was a regularly assigned clerical employe at Hamlet, North Carolina. Tuesday, January 12, 1965, was one of Claimant's assigned work days and also Claimant's birthday. In accordance with Article II, Section 6(a) of the November 20, 1964 Mediation Agreement, reading in pertinent part:
OPINION OF BOARD: Claimant was a regularly assigned employe whose birthday fell on a work day of his work week. He was instructed not to work, and a furloughed employe filled his position on said date. Petitioner contends that Claimant had a preferential right to work on his birthday pursuant to Rule 51 of the Clerks' Agreement. The pertinent language from Rule 51, Paragraph (a), Note (2) reads as follows:
Article II, Section 6(a) of the November 20, 1964 Mediation Agreement in part provides as follows:
Carrier contends that the pertinent language from the Mediation Agreement of November 20, 1964 is mandatory and that eligible employes must be given a day off with pay on their birthday anniversaries.
A further examination of the Mediation Agreement of November 20, 1964 discloses the following language in Article II-Holidays, Section 6, Paragraph (g):
As the "Note" in Rule 51 of the Clerks' Agreement clearly states that when work is required on a holiday, the regular employe shall have preferential right to such work, it is apparent that claimant was entitled to such work on his birthday. Awards 15227, 15598 and 15599.
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;