NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Daniel House, Referee
PARTIES TO DISPUTE:
CHICAGO UNION STATION COMPANY
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM:
Claim of the Carrier that the following em-
ployes were properly compensated at the rate of eight hours' pay each at
time and one-half rate for eight hours' service performed on November 25,
1965:
G. J. Williams Steve Kubala
Leroy Rogers Kenneth T. Marsh
Earl C. Mazurk C. McClendon
W. C. Kukac A. H. Miller
Tommie Ervin J. D. Miller
R. E. Coles J. L. Miller
Raymond Bruski Otis Owens
William Wilson Thomas Posley
Jerome Dillard R. J. Richardson
C. Z. Bradford J. F. Riehecky
Harvey Brunner R. T. Roundtree
D. M. Conway J. J. Schneider
P. L. Cox James Slaughter
James A. Dotson Wilson Slivka
W. E. Frazer Sylvester Smith
Matthew Gaffney E. J. Stokes
J. B. Gap L. H. Tilley
N. C. Goodwin J. H. Wright
Edmund Guy J. J. McKenna
W. C. Hunt Charlie Robinson
Alonzo Hunter C. A. Cline
R. M. Hyman J. R. Koestner
CARRIER'S STATEMENT OF FACTS: The claimants involved in this
case are regularly assigned Mail Department employes of the Chicago Union
Station Company, hereinafter referred to as the Carrier, and worked the
rate only once, which is as it should be; certainly, there was never
any intention to pay twice, and there has never been any change
in the rules. We can cite you literally hundreds of occasions over
the years where the employes worked on a holiday that was also
a rest day, and they claimed and were paid at the overtime rate
only once.
I do not agree that the Awards cited by you support your posi-
tion. I would call your attention to Third Division Award 14240,
BBC v. GTW, in which Referee Perelson denied similar claims in
a very well reasoned opinion.
The claims above referred to are respectfully declined.
Yours truly,
(Exhibits not reproduced.)
OPINION OF BOARD:
Carrier's Claim in this case is that the employes listed, all of whom worked on the Thanksgiving Day Holiday, November 25, 1965, which was also the rest day of each, were properly paid
at the rate of eight hours' pay at time and one half; claims, which we shall
call Organization's Claims, were filed with Carrier by Organization that each
listed employe was entitled to an additional eight hours' pay at time and
one half for the work performed on November 25, 1965.
The underlying question is dealt with by us in our Award No. 16099
in a case between the same parties which we are adopting at the same
time as this. For the reasons given in that Award, we will deny Carrier's
Claim here, and sustain Organization's Claims.
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 Carrier violated the Agreement.
Carrier's Claim denied; Carrier shall pay each employe listed in the
Claim one day's pay at time and one-half for work performed by each on
November 25, 1965, in addition to that already paid each.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
Executive Secretary
Dated at Chicago, Illinois, this 21st day of February 1968.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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