THIRD DIVISION
(Supplemental)
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYEES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5949) that:
EMPLOYES' STATEMENT OF FACTS: Claimant is the Chief Clerk in the Yard Office on the Great Northern Railway Company at Noyes, Minnesota. His seniority date is June 19, 1920. He holds a seven-day position with a work week of Sunday through Thursday, with Friday and Saturday as rest days.
On Monday, May 31, 1965, he worked a full eight hours on his assignment. This was a legal holiday under the agreement, and the claimant's birthday. For this date, he was paid 8 hours at the pro rata rate for his birthday; 8 hours at the pro rata rate for the legal holiday; and 8 hours at the time and one-half rate for working; a total of 28 hours.
It is the Employes' contention he should have been compensated as follows: 8 hours at the pro rata rate as birthday pay; 8 hours at the time and one-half rate for working on his birthday; 8 hours at the pro rata rate as holiday pay; and 8 hours at the time and one-half rate for working on the holiday; a total of 40 hours.
The Carrier contends it has satisfied the agreement by paying the employe one day's pay at the time and one-half rate for the services performed on May 31, 1965. The Employes contend that under the agreement, the Carrier is con-
"(f) * * * If an employe's birthday falls on one of the seven holidays named in Article III of the Agreement of August 19, 1960, he may, by giving reasonable notice to his supervisor, have the following day or the day immediately preceding the first day during which he is not scheduled to work following such holiday considered as his birthday for the purposes of this Section."
B. Holiday Work. Work performed on the following legal holidays, namely, New Year's Day, Washington's Birthday, Decoration Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas (provided when any of the above holidays fall on Sunday the day observed by the state, nation or by proclamation shall be considered the holiday) shall he paid for at the rate of time and one-half."
During the handling of this case on the property, the Organization has cited only Rule 42B as allegedly supporting their contention. The position of the Carrier throughout the handling of this case on the property was that there is no rule in the current Schedule Agreement which provides that the tripletime rate or duplicate payment should be made for working once on a holiday which happens to coincide with an employe's birthday. It was also pointed out that the claimant had made no election to observe his birthday on a different day as provided for in the third sentence of Article II, Section 6(f) of the November 20, 1964 Agreement, quoted above.
OPINION OF BOARD: Claimant worked his regular position on a legal holiday, which was also his birthday. Claimant was paid eight hours at the pro rata rate as birthday pay, eight hours at the pro rata rate as holiday pay
and eight hours at the time and one-half rate for working on a holiday. This claim is for eight hours' pay at the time and one-half rate in addition to compensation already paid.
The same issue of the interpretation of Article II-Holidays, Sections 6(f) and (g) of the November 20, 1964, National Mediation Agreement has been before this Board in several recent dockets. It is clear that if an employe's birthday falls on a holiday he can elect to celebrate his birthday on another day as set out in Article II, Section 6(f).
We will deny the claim. See 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 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