THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP

CLERKS, FREIGHT HANDLERS, EXPRESS AND

STATION EMPLOYES



STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5942) 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 herein submitted 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. F. Modig, was regularly assigned the position of Relief No. 12 at Salina, Kansas. This relief position was assigned different starting hours on days of the week as follows:


Demurrage Clerk $476.86 8:00 AM- 5:00 PM Saturday
 Chief Yard Clerk 490.23 7:30 AM- 4:30 PM Sun&Mon
 Train & Yard Clerk 474.76 4:00 PM-12:00 AM Tues&Wed
 Rest Days-Thursday and Friday

On Monday, September 6, 1965, a national holiday, as well as the Claimant's birthday, it was necessary to work the Chief Yard Clerk position since the duties require seven-day performance. Modig worked his position on this date and was compensated 8 hours at the pro rata rate for the Labor Day holiday, 8 hours at the pro rata rate for his Birthday Holiday and 8 hours at the time and one-half rate for service performed on this date.


Claim was progressed by the Organization on behalf of Mr. Modig for four hours' pay at the pro rata rate in addition to the 16 hours pro rata holiday pay and 8 hours at time and one-half already allowed. This claim is predicated on the erroneous contention that the Schedule Agreement as modified by the November 20, 1964 Agreement provides far a double penalty of time and one-half payments for work performed on a National Holiday, which is also the employe's Birthday Holiday.


The handling of this dispute on the property is set forth in the following letters between representatives of the Organization and representatives of the Carrier:


















OPINION OF BOARD: This dispute concerns payment due Claimant for service performed on a legal holiday which was also his birthday. Claimant did not elect to have another day considered as his birthday which was his right under Section 6(f), Article 2, of the November 20, 1964 Agreement.


This Board has previously dealt with and discussed the question of payment for work performed on a day which was, as here, both a birthday


15891 4
 holiday and a legal holiday, in Awards 14921, 14922, 15013, 15388, 15401, 15451, 15520, 15563, 15585, 15589 and 15761.

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









Dated at Chicago, Illinois, this 27th day of October 1967.

 Keenan Printing Co., Chicago, 111. Printed in U.S.A.
 15891 5