THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Employees Union on the Denver & Rio Grande Western Railroad, that:
EMPLOYES' STATEMENT OF FACTS: An agreement between the Denver & Rio Grande Western Railroad, hereinafter referred to as Carrier, and its employes represented by the Transportation-Communication Employees Union (formerly The Order of Railroad Telegraphers), hereinafter referred to as Employes or Union, effective June 1, 1945, including changes and agreed to interpretations to date of re-issue, July 1, 1963, with rates of pay effective May 1, 1962, 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 allowance to an employe who works during his assigned vacation period when a holiday occurs on a regularly assigned work day.
The claim in this dispute came into being as reflected by the following exchange of correspondence between the parties hereto during its handling on the property:
In Mr. Leighty's testimony before Emergency Board 130 he testified concerning an employe who works on a holiday which is his rest day:
Certainly, the claimant was paid time and one-half rate for work performed on July 5, 1965. That rule does not say that claimant will be paid triple time rate. The penalty rule in Section 5 may be distinguished from the rest day and holiday pay rules in that it only provides for the rate at which such time will be paid. That rate was allowed in this case. Also see awards where a holiday is construed as a day of vacation only for pay purposes when included in the vacation period.
CARRIER'S STATEMENT OF FACTS: The claimant, Mr. R. J. Wallace, was scheduled to commence vacation on Monday, July 5, 1965, but due to shortage of qualified relief, was paid account not relieved for vacation under the provisions of Section 5 of the Vacation Agreement. July 5, 1965, was observed as the recognized Independence Day Holiday in 1965. It was also the first day of claimant's work week on a seven-day position and claimant worked on the holiday. Claimant was allowed eight hours at time and one-half for working the holiday and eight hours' holiday pay in addition to vacation allowance. Claim for additional time as shown in statement of claim was denied.
OPINION OF BOARD: The Claimant, Mr. R. J. Wallace, was scheduled to commence vacation on Monday, July 5, 1965, but due to shortage of qualified relief was paid account not relieved for vacation under the provisions of Section 5 of the Vacation Agreement. July 5, 1965, was observed
as the recognized Independence Day Holiday in 1965. It was also the first day of Claimant's work week on a seven-day position, and Claimant worked on the holiday. Claimant was allowed eight hours at~time and one-half for working the holiday and eight hours' holiday pay in addition to vacation allowance. Claim for additional time as shown in Statement of Claim was denied by the 'Carrier.
The question presented here is not new to the Board. The proper allowance to an employe who works during the assigned vacation period, when a holiday occurs on a regularly assigned workday has been resolved in a number of awards. Award 9754, dealing with a situation analogous to the case at bar, represents a sound precedent. See also Awards 9957, 10892, 12759, 16638 to the same effect. The Board concurs with the principles set forth in these cases.
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 over the dispute involved herein; and