On Friday, January 1, 1965, New Year's Day, one of the designated holidays, also claimant's birthday and claimant's rest day, claimant was called in seniority order to fill a vacancy on the 8:30 P. M. laborer's position, which was not part of his regular assignment.
Payroll records indicate that for the service performed on Friday, January 1, 1965 claimant was compensated eight (8) hours' pay, $19.84, pro rata rate, as birthday pay, and eight (8) hours' pay, $29.76, time and onehalf rate, for working on his birthday.
Claim was filed for eight (8) hours' pay at the time and one-half rate for work performed on a legal holiday and eight (8) hours' pay at the time and one-half rate for work performed on an assigned rest day, with Train Master W. R. Bowie on February 3, 196.5. See Employes' Exhibits Nos. 1-A, 1-B 1-C and 1-D. On February 23, 1965, claim was appealed to Superintendent H. R. Koonce. See Employes' Exhibits Nos. 1-E, 1-F, and 1-G. March 10, 1965, claim was appealed to Director Labor Relations W. J. Cassin as evidenced by Employes' Exhibits Nos. 2-A through 2-F.
The dispute was discussed with Management in conference May 14, 1965, but not resolved.
CARRIER'S STATEMENT OF FACTS: On January 1, 1965, Mr. B. R. Miles, Carbondale, Illinois, was called and used to fill a vacancy on a position of Baggage Room Laborer. By "accident of the calendar", this day happened to be a legal holiday, the employe's birthday, and his rest day. The employe was paid one overtime day.
Reading rest day rules, holiday rules, and birthday rules in a vacuum as if they were separate provisions having nothing to do with each other, and as if such rules had nothing to do with reality, the union filed a claim for two additional overtime days.
The claim was declined by the company, appealed through regular channels by the union, discussed in conference and submitted to the Board for resolution. The agreements pertinent herein are by reference made part of the record in this dispute.
OPINION OF BOARD: In a prior dispute involving these same parties this Board has ruled that an employe working on a day that is both his assigned rest day and a legal holiday is entitled to two payments at the time and one-half rate, one payment under the holiday rule, and one under the rest day rule. Awards 15361, 15362 (Lynch). Also see Awards 16250 (Friedman), 16127 (House), 15527 (Harr), 15450 (Dorsey), and others. On the other hand, the Board has consistently ruled that only one payment is due under the legal holiday rule and the birthday holiday rule. See Award 16035 (Ives) and the numerous Awards cited therein.
Claimant worked eight hours on a day that was not only his rest day, but also a legal holiday and his birthday. He has been allowed one payment of eight hours at time and one-half. He claimed three separate payments of eight hours at time and one-half. Under prior rulings he should be allowed two payments of eight hours at time and one-half; therefore, his claim is