NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
John J. McGovern, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-5905) that:
1. Carrier violated the Clerks' Agreement when, at Kansas
City, Missouri, on March 29, 1965, it used C. Lispi, Open Item Clerk,
from 8:00 A. M. to 11:40 A. M. to perform work on Statement Clerk
position, which was the regular assignment of Mrs. Josephine
McConiff, Statement Clerk, who was off on her Birthday holiday,
instead of calling Mrs. McConiff to perform the duties of her
position as the incumbent. Carrier's action was in violation of
Article II, Section 6 (g) of the November 20, 1964 National
Agreement and Rule 25 (e) of the basic Agreement.
2. Carrier shall be required to compensate Clerk Mrs. Josephine McConiff for 3 hours and 40 minutes at the punitive rate of
$4.0575 per hour, amount $14.88, for March 29, 1965, to which
she was entitled under the provisions of the above cited rules.
EMPLOYES' STATEMENT OF FACTS: At Kansas City, Missouri, in
the Carrier's Local Freight Office, the clerical force on the claim date consisted of the following positions:
As
No. Days signed
Numher and Assigned Hours Per Rest
Title of Position From To Meal Period Week Days
1. Cashier 8:30AM- 5:15PM 12:30PM- 1:15PM 5 Sat&Sun
2. Asst. Cashier 7:30AM- 4:30PM 12:OOPM- 1:OOPM 5 Sat&Sun
4. Asst. Cashier S:OOAM- 4:45PM 12:OOPM-12:45PM 5 Sat&Sun
7. Cashier Clerk 8:OOAM- 4:45PM 12:OOPM-12:45PM 5 Sat&Sun
10. Chief Clerk 8:OOAM- 4:45PM 12:OOPM-12:45PM 7 Sat&Sun
OPINION OF BOARD:
The facts of record indicate that the Claimant
was a regularly assigned employe whose birthday fell on a work day of her
work week. The work involved tae compilation of an X-23 Report, which is
part of Claimant's assignment and, in this instance, was performed by
another employe. The claim, substantively speaking, is that claimant should
have been used to work her position on her birthday.
Award 15227 (Hall) is directly in point, the pertinent portion of which
reads as follows:
"As on legal holidays, equally applicable to an employe's birthday, the Carrier is privileged to blank the employe's assignment
that day in whole or in part (Award 7136), but when, as here,
Carrier finds it necessary to fill the
employe's position
on his birthday, he is entitled to be used. Award 7134."
We agree with the language of the above-cited award, and will sustain
the claim.
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.
AWARD
Claim sustained.
NATIONAL RAILROAD
ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 31st day of October 1967.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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