BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP

CLERKS, FREIGHT HANDLERS, EXPRESS AND

STATION EMPLOYES

THE DAYTON UNION RAILWAY COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6139) that:

(1) Carrier violated the Clerks' Agreement when it failed to properly compensate Robert Thomas, Baggagernan, for work performed on December 25, 1965, and January 1, 1966, two holidays which were also Claimant's rest days.

(2) Carrier shall now be required to compensate Robert Thomas for an additional eight hours' pay at punitive rate of $23.31 per day for December 25, 1965 (Christmas) and January 1, 1966 (New Years).

EMPLOYES' STATEMENT OF FACTS: The agreement between the parties to this dispute is on file with your Board and by this reference is made a part hereof.

Mr. Robert Thomas, claimant, was employed by The Dayton Union Railway Company on July 10 1939 and has continued in the steady employment as baggageman since that date.

Mr. Thomas holds a regularly assigned baggageman position having a work week of Monday through Friday inclusive. Rest Days are Saturday and Sunday. Rate of pay $23.31 per day. Hours of service 5:00 A. M. to 1:30 P. M.

On or about December 24, 1965, Carrier notified claimant to report for work on Saturday, December 25, 1965 (Christmas). On or about December 31, 1965, Carrier notified claimant to report for work on Saturday, January 1 1966 (New Years). Mr. Thomas reported as instructed and worked eight (8) hours on each date. Both dates were claimant's regularly assigned days of rest, and both dates were also National Holidays.

When claimant received his pay draft he discovered that he had only been paid a gross amount of eight (8) hours on each date at punitive rate, or twelve (12) hours' pay at pro rata rate. When claimant brought the mat-

that the Carrier reconsider its position. A copy of that letter is attached as Carrier's Exhibit C. Under date of July 13, 1966, the Superintendent-Agent reaffirmed denial of the claim. A copy of that letter is attached as Carrier's Exhibit D.

Therefore, so far as the Carrier is able to anticipate the basis for the Employes' claim, the question to be decided in this dispute is whether an employe who performs eight (8) hours' service on a day which is his rest day and is one of the seven specified holidays, is entitled to simultaneous eight (8) hours payments and at the time and one half rate for such service under the provisions of the Controlling Agreements.

(Exhibits not reproduced.)

OPINION Oh' BOARD: Claimant, a regularly assigned baggageman with a work week of Monday through Friday and Saturday and Sunday as rest days, was, on Saturday, December 25, 1965 and again on Saturday, January 1, 1966, called to work due to relief not being available. These days, in addition to being assigned rest days for the Claimant, were holidays (Christmas Day and New Year's Day, respectively) as specified in Rule 22 (b). For service performed each day, Claimant was paid eight hours at the time and one-half rate, and he claims an additional payment of eight hours at the time and one-half rate for each day.

We have reviewed the numerous Awards on the issue here involved, deciding claim such as this in favor of the Employes, and in the interest of "Stare Decisis" we are compelled to follow them. The Claim is, therefore, sustained.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

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 violated by the Carrier.

AWARD

Claim sustained.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of THIRD DIVISION

ATTEST: S. H. Schulty

Executive Secretary