NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the New York Central Railroad Company (Buffalo and East); the Grand Central Terminal; and the Troy Union Railroad Company, that:
EMPLOYES' STATEMENT OF FACTS: Mr. J. J. McCarthy is regularly assigned to work a position identified as 205 Relief Signal Maintainer at S.S. MO-Second Trick.
On April 1, 1966, his birthday, he was directed to work position 118 at. SS MO on Third Trick. For such service on that day Carrier paid him eight (8) hours pro rata and eight (8) hours time and one-half-twenty (20) hours' straight time pay.
On April 25 Local Chairman Harold Pekary presented a claim to Signal Supervisor F. L. Buckley requesting an additional eight (8) hours' pay at the time and one-half rate. The basis for the claim was as follows:
rate in accordance with Article II, Section 6(g), of the National Agreement -dated November 20, 1964 for working on his birthday holiday.
In other words, Mr. McCarthy was paid 16 hours at time and one-half (equalling 24 hours at straight time) for working on other than his regular .shift on his birthday holiday. The claim presented is for the payment of an .additional 8 hours at straight time rate for his birthday holiday.
The claim was originally presented to claimant's Signal Supervisor and thereafter appealed and denied in accordance with the appeals procedure in effect on this property. Carrier has reproduced as Carrier's Exhibit A the exchange of correspondence between the General Chairman and Carrier's highest appeals officer.
OPINION OF BOARD: Claimant, an hourly rated employes, was regularly assigned to work Monday through Friday, his regular assignment being the Signal Maintainer's position at Signal Station "B" Grand Central Terminal, 8:00 A. M. to 4:30 P. M. On April 1, 1966, his birthday, he was directed to work another position on third trick. For service having been performed on that date, he was compensated for (8) eight hours pro rata and (8) boors time and a half, or a total of twenty (20) hours straight time pay. Carrier later paid him an additional (4) hours pro rata, thus making a total of 24 hours at the straight time rate.
Claim has been submitted citing Rule 27 of the Agreement and the Mediation Agreement of November 20, 1964. The basis for the claim is as follows:
Both parties agree that Claimant was entitled to and did in fact receive eight (8) hours pay at the time and half rate for having been diverted from a regularly assigned second shift to a third shift. Such compensation is explicitly provided by Rule 27 a of the Agreement.
Having compensated Claimant at time and a half rate for changing his shift, and having compensated him at time and a half for work performed on his birthday, the Organization specifically bases its claim for eight hours pro rata on Sections 1, 3 and 6 of Article II of the August 21, 1954 Agreement, as amended. They argue that he would have receive such pay whether or not he work on April 1, 1966, and the fact that he did work, most assuredly should not disqualify him for this pay. We agree with Petitioner in this case. Claimant was entitled to pay under three separate Agreement rules, 27 a, 37 a, and the National Agreement. Having been paid in accordance with the provisions of the first two such rules, we can see no reason why he should not be compensated under the third. We will sustain the claim.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds: