BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GT.-6187) that:
EMPLOYES' STATEMENT OF FACTS: Claimant J. Nausedas on the date involved, was the regular occupant of a seven day per week Chief Clerk Relief position, Wednesday through Sunday, with assigned rest days of Monday and Tuesday.
On Saturday, December 25, 1965, the Christmas Day Holiday, which was also his birthday anniversary, Claimant was required to work his regular position in accordance with existing rules and practices thereunder. He was paid eight (8) hours at the pro rata rate as birthday pay, eight (8) hours at pro rata rate as holiday pay and eight (8) hours at the 1i/z time rate for working on a holiday. The Carrier failed and refused to pay him eight hours at the time and one-half rate for work performed on the birthday holiday.
On February 21, 1966, claim was filed with the Agent, Mr. R. E. Santoro and was declined on February 23, 1966. Employes' Exhibit Nos. 1 and 2.
On March 1, 1966, the claim was appealed to Vice President and Assistant General Manager, Mr. D. R. Turner and was declined on March 4, 1966. Employes' Exhibit Nos. '3 and 4.
On April 28, 1966, the claim was subsequently appealed to the Asst. to General Manager, Mr. C. M. Crawford, highest authority for appeals on the property and was declined on June 7, 1966. Employes' Exhibit Nos. 5 and 6.
CARRIER'S STATEMENT OF FACTS: Clerk J. Nausedas did work on Christmas Day, December 25, 1965 which was also his birthday anniversary. For this work he was allowed eight hours pay at the pro rata rate for his birthday holiday, eight hours pay at the pro rata rate for the holiday, Christmas Day, and eight hours pay at the time and one-half rate for working on the holiday. The organization contends that Clerk Nausedas should be paid an additional eight hours at the time and one-half rate or two time and one half days' pay for one eight hour tour of duty plus the two straight time days allowed.
OPINION OF BOARD: Claimant was the regular occupant of a seven day per week Chief Clerk Relief position of the Carrier, Wednesday through Sunday, with assigned rest days of Monday and Tuesday.
Saturday, December 25, 1965, Christmas Day, a designated legal holiday, was also the Claimant's birthday, on which he was required to work eight hours. He was paid eight hours' birthday pay, eight hours for the legal holiday, and eight hours at the time and one-half. rate for working the legal holiday. Claim is here made for an additional eight hours' pay at the rate of time and one-half for working on his birthday.
The same issue as to the interpretation of Article 1I-Holidays, Sections 6(f) and (g) of the National Mediation Agreement executed November 20, 1964 has been adjudicated by this Board in Awards 14921, 14922, 15013, 15388, 15401, 15451, 15520, 15563, 15585, 15589, 15761, 15891, 15908, 1.5942 and 15949_ among others.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
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 ov,.·r the dispute involved herein; and