STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6017) that:
EMPLOYES' STATEMENT OF FACTS: On the claim date, July 5, 1965, Mr. Clay was regularly assigned to Record Clerk Position No. 70, rate of pay $22.49 per day, hours of assignment 3:00 P. M. to 11:00 P. M. with a work week of Thursday through Monday, rest days Tuesday and Wednesday. Monday, July 5, 1965, was observed as the National Fourth of July Holiday and was a regularly assigned work day of the position occupied by Claimant Clay, July 5th also being the birthday of Claimant Clay.
Carrier compensated Mr. Clay for two pro rata days as holiday pay and one day's pay at the time and one-half rate for working the National Holiday, but failed to properly compensate him for time and one-half for service performed on his birthday holiday, as provided in the General Rules Agreement and the National Mediation Agreement of November 20, 1964.
These claims have been handled with Management up to and including the Director of Labor Relations, but not composed. See Employes' Exhibits 1(a) through 1(d), inclusive.
CARRIER'S STATEMENT OF FACTS: On the date of the occurrence in question, the claimant, C. W. Clay, was filling a temporary vacancy on Record Clerk Position No. 70, rate $22.49 per day, in the Carrier's Yard Office at Thomas Yard (Birmingham, Alabama). The claimant's assigned hours and work week assignment on the seven-day position were 3:00 P.M. to 11:00 P. M., Thursday through Monday, with Tuesday and Wednesday rest days. The rest days of the position are included in Relief Position No. 23. In the absence of the regular relief employe, and in the absence of an available extra employe, the claimant was the regular employe entitled under the controlling Schedule Agreement to render service on his rest day, July 5, 1965. The claimant was so used, but it so happened that Tuesday, July 5, 1965, was also the claimant's birthday.
The claimant worked the hours of his regular work week assignment on Tuesday, July 5, 1965. The compensation received by the claimant on this day was in the aggregate amount of 28 hours at the pro rata rate of pay of the position. The 28 pro rata hours represent eight hours for birthday holiday pay, eight hours for Fourth of July holiday pay, and 12 hours for work performed. The 12 hours for work performed is the equivalent of eight hours at the time and one-half rate of pay.
The claim before this Division is that the claimant should have been compensated for an additional eight hours at time and one-half rate (12 hours at pro rata rate) because his birthday coincided with the service rendered by him on his rest day, July 5, 1965. See Carrier's Exhibits A and A-1, attached hereto and made a part hereof.
The difference between compensation claimed less compensation allowed is $33.7350, and that is the claim before this Division.
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 11, of the November 20, 1964 Agreement.
The Board has previously dealt with and discussed the question of payment for work performed on a day which was, as here, both a birthday holiday and a legal holiday in Awards 14921, 14922 (Zumas); 15013, 15388, 15451 (Dorsey); 15401 (House); 15520 (Woody); 15563 (Lynch); 15585 (House) and 15589 (Harr).
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;