CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6277) that:
EMPLOYES' STATEMENT OF FACTS: Employe Kenneth W. Meister is the regularly assigned occupant of Counterman Position 5187 in Seniority District No. 118, Milwaukee Shops, Milwaukee, Wisconsin. His hours of service are from 7 A. M. to 3:30 P. M., Monday through Friday, with rest days of Saturday and Sunday.
On November 26, 1965, employe Meister observed his Birthday Holiday, and in lieu of being permitted to fill his own position on that day, which would have been at the overtime rate of pay, the Carrier removed employe R. H. Krueger from his regular assignment on Storehelper Position 5211 and required him to fill the Counterman Position 5187. See Employes' Exhibit A.
Employe R. H. Krueger worked Position 5187 on November 26, 1965 and Carrier in turn left employe Krueger's regular position, Storehelper Position 5211, vacant and unfilled on that day.
Claim was filed with District Material Manager, Mr. H. Marxen, on December 27, 1965 and was appealed to Manager of Materials, Mr. E. F. Volkman, on February 15, 1966 and Vice President-Labor Relations, Mr. S. W. Amour on May 25, 1966 and was declined by each in turn. Submitted as Employes' Exhibit B is copy of General Chairman's letter dated September 15, 1966 addressed to Mr. S. W. Amour.
On Friday, November 26, 1965 Claimant Meister's birthday holiday, neither Employe Krueger, nor any other employe was assigned to or utilized on Claimant Meister's Position 5187, nor was Employe Krueger " * * * removed * * * " from his regular Position 5251 to perform service on Position 5187, as the Carrier will establish in its POSITION.
OPINION OF BOARD: Award No. 15783 (Referee McGovern) held that a regularly assigned employe or temporarily assigned employe to a position, under the Agreement before us, has a preferential right to the work of the position performed on the employe's Birthday Holiday. Cf. Award Nos. 15598, 15599, 15638 and 15694.
Claimant's regular assignment was to Counterman Position 5187. November 26, 1965, was his Birthday Holiday. Clerks' contend that on that date Claimant's position was worked by R. H. Krueger who was regularly assigned to Storekeeper Position 5211. Carrier denies that Claimant's position was worked on his Birthday Holiday by Krueger.
The sole issue is whether Clerks satisfied its burden of proof that Claimant's position was worked on his Birthday Holiday.
and, a statement of Sectional Stockman Koch who was Claimant and Krueger's immediate supervisor:
My present position is Sectional Stockman and I have been a Sectional Stockman in the Material Division of the CMStP&P Railroad for fourteen years. I worked in the Material Division, CMStP&P Railroad for thirty-three (33) years.
As Sectional Stockman I was the immediate Supervisor on November 26, 1965 of Employe Ray Krueger. I was not instructed by General Foreman King, nor I did not remove Employe Krueger from his regular assigned position of Storehelper on November 26, 1965 and assign him or any other employe to Counterman Position No. 5187 on that day.