NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
David B:. Brown, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
LOUISVILLE AND NASHVILLE RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of the
Transportation-Communication Employees Union on the Louisville & Nashville
Railroad, that:
1. Carrier violated the Agreement between the parties hereto
when it failed and refused to properly compensate K. A. Caperton,
regularly assigned in "NB" Office, Radnor, Tenn. for work performed
on February 22, 196.5, his birthday-holiday, which was also Washington's Birthday, a national holiday.
2. Carrier shall, because of the violation set out in paragraph I
hereof, compensate K. A. Caperton an additional eight (8) hours'
pay at the time and one-half rate for work performed on February
22, 1965.
EMPLOYES' STATEMENT OF
FACTS: An agreement between the
Louisville & Nashville Railroad Company, hereinafter referred to as Carrier,
and its agents, telegraphers, telephoners, towermen, levermen, hereinafter
referred to as Employes, represented by the Transportation-Communication
Employees Union (formerly The Order of Railroad Telegraphers), hereinafter
referred to as Union, effective June 1, 1958, as amended and supplemented, is
available to your Board and by this reference is made a part hereof.
The question presented by this dispute is the proper compensation to be
paid to an employe who was required to work on his birthday-holiday, which
is also a national holiday, namely, Washington's Birthday, one of the seven (7)
national holidays covered by the terms of the parties' agreement.
The claim involved in the dispute came into being as reflected by the
following exchanges of correspondence made between the parties during the
handling of the claim on the property:
"LOUISVILLE & NASHVILLE RAILROAD COMPANY
Office of Assistant Superintendent
Radnor, Tenn.
March 3, 1965
Mr. K. A. Caperton:
Account February 22, 1965, being a holiday and your birthday,
and your working this day, you will be paid as follows:
During this conference it was the position of the Organization
that for working Washington's Birthday (Holiday), which fell on his.
regular assigned work day, Mr. Caperton was entitled and was paid
compensation of:
8 hours at 1i/z rate for working a holiday - 8 hours at
pro rata rate in lieu of day off - Total of 20 hours at pro
rata rate.
And, in accordance with provisions of Article 11, paragraph (g) of
Agreement dated November 20, 1964, Mr. Caperton was entitled to,
the same compensation for working his own birthday (Holiday) as
for work performed on Washington's Birthday, making a total pay-.
ment due for working both holidays concurrently of 40 hours at the
pro rata rate.
It was further pointed out that the position of the Organization
was also supported by the last sentence of paragraph (f) of the same
Article which provides that the employe may, when his birthday
falls upon another designated holiday, by giving 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, and if this should be
done he would also be entitled to penalty rate of pay for working
each holiday, so why should the employe be penalized by working the
two holidays concurrently.
No settlement was reached on this claim, therefore, this is to
advise that the claim is being referred to President G. E. Leighty
for further consideration.
Yours truly,
/s/ K. B. Lane"
This completed handling on the property.
OPINION OF BOARD:
Monday, February 22, 1965, a legal holiday
(Washington's Birthday), was also Claimant's birthday, on which he was
required to work eight hours. Carrier paid him eight hours at the rate of
time and one-half for working the holiday, plus eight hours at the pro rata
rate as birthday pay and eight hours at the pro rata rate as holiday pay.
The claim is for an additional eight hours at the time and one-half rate.
Claimant did not elect to have another day considered as his birthday, which
was his right under Section 6(f), Article II of the November 20, 1964 Agreement.
The same issue as to the interpretation of Article II-Holidays, Sections
6(f) and (g) of the National Mediation Agreement of November 20, 1964,
has been adjudicated in numerous prior Awards of this Board, including
Awards 16491, 16453, 16240, 16035, 15949, 15942, 15891, 15761, 15520, 15585,
15451, and 14921.
We will follow the reasoning of those Awards and deny the claim.
FINDINGS:
The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
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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 Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 27th day of September 1968.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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