1. The Carrier violated the understanding and provisions of the Clerks' Agreement, particularly Rules 4-A-4(f), 9-A-1, 9-A-2, among others, when it failed and refused to compensate extra monthly rated employes temporarily assigned to a holddown vacancy in regular positions for the period of such temporary assignment in accordance with the provisions of the Agreement applicable to the regular assigned employes.
2. The Carrier shall pay the following extra assigned monthly rated clerks temporarily assigned to a holddown prior to September 6, 1965 and including September 7, 1965 a day's pay for September 6, 1965 as was paid to the regular assigned employe.
3. The Carrier shall pay the following extra assigned monthly rated clerks temporarily assigned to a holddown prior to October 12, 1965 and including October 13, 1965 a day's pay for October 12, 1965 as was paid to the regular assigned employes.
EMPLOYES' STATEMENT OF FACTS: There is in effect Rules Agreements effective July 1, 1945 and a newly ravised Agreement effective January 1, 1965, and National Holiday Agreements signed at Chicago, Illinois, on August 21, 1954, August 19, 1960 and November 20, 1964 covering clerical, other office, station and storehouse employes between this Carrier and this Brotherhood. The Rules Agreements may be considered a part of this Statement of Facts. Various Rules and Memorandums therefore may be referred to from time to time without quoting in full.
This dispute involves the Employes' understanding and contention that Rule 4-A-4 (£) of the Clerks' Agreement explicitly stipulates that an extra employe temporarily assigned to a holddown vacancy in a regular position shall be compensated for the period of such temporary assignment in accordance with the provisions of this Agreement applicable to the regular assigned employe. Therefore if the regular assigned employe is compensated for the holiday, the extra assigned employe on the holddown is likewise to be compensated for the holiday in accordance with the provisions of this Agreement applicable to the regular assigned employe.
On October 28, 1965 when it became apparent the Carrier would not pay the extra assigned clerks on holddown positions prior to and after September 6, 1965 and October 12, 1965 the same compensation as that paid to the regular assigned employes in accordance with the Clerks' Agreement, Mr. D. Waldman, Local Chairman submitted a claim in their behalf to 111r. .J. Sabina, Jr., Manager Stations. (See Employes' Exhibit A.)
On November 4, 1965, Mr. J. Sabina Jr., replied to Mr. D. Waldman, Local Chairman, advising him the claim was denied.
Mr. Waldman and Mr. Sabina Jr. were unable to agree upon a Joint Statement of Agreed Upon Facts on November 10, 1965. On December 23, 1965, Mr. Waldman wrote Mr. Sabina Jr. rejecting his denial of the claim.
On December 29, 1965 Mr. Sabina Jr., Manager Stations submitted his ex-parte statement of facts to Mr. H. J. Bellis, Director of Personnel. Copy was later sent to Mr. T. J. Hewson, General Chairman. (See Employes' Exhibit B.)
On December 30, 1965, Mr. D. Waldman Local Chairman submitted his ex-parte statement of facts to Mr. T. J. Hewson, General Chairman and MrH. J. Bellis, Director of Personnel. (See Employes' Exhibit C.)
A meeting was held on January 24, 1966 between the highest officer of the Carrier Mr. H. J. Bellis, Director of Personnel and Mr. T. J. Hewson, General Chairman to further discuss this claim.
On January 31, 1966, Mr. H. J. Bellis, Director of Personnel wrote Mr. Hewson, General Chairman, denying the claim. (See Employes' Exhibit D.) He
denied the claim. A copy of this denial is attached hereto and made a part. hereof, marked Carrier's Exhibit D.
OPINION OF BOARD: The sole question to be determined in this disputeis whether the governing agreements provide holiday pay for monthly rated extra employes.
The Petitioner asserts that Rule 4-A-4(f) of the Clerks' Agreement "explicitly stipulates that an extra employe temporarily assigned to a holddown vacancy in a regular position shall be compensated for the period of such temporary assignment in accordance with the provisions of this Agreement applicable to the regularly assigned employe."
Carrier contends that Claimants were monthly rated employes on holddown assignments prior to and after September 6, 1965 (Labor Day), and prior to and after October 12, 1965 (Columbus Day) and as such were not entitled to be paid for either date. Carrier further contends that the application of Rule 4-A-4(f) was limited to the benefits accruing to the. position of the regularly assigned employe, i.e. hours of work, rates of pay, and rest days; but was not, Carrier continues, intended to include those benefits to, which the regular employe was "individually and personally" entitled.
It is not disputed that since August, 1954 (and since the August 21, 1954 National Agreement), extra monthly rated employes on holddowns have been paid in accordance with the provisions of Rule 4-A-4(f) with the exception of the holiday pay. Holiday pay is the only question in this dispute.
The language of Rule 4-A-4(f) is clear: the extra monthly rated employe is to be compensated "in accordance with the provisions of this Agreement applicable to the regularly assigned employe." (Emphasis ours.)
Thus, contrary to Carrier's contention, the extra employe is not limited' to the conditions of the position; he takes what the regularly assigned employe takes under the circumstances. See Awards 7977 and 8390, and compare Award' 12594 (where the Board held that the language of that agreement required the extra relief employe to assume the conditions of the assignment rather than the person of the regularly assigned employe).
Moreover, the language of Rule 4-A-4(f) is without restriction, exception_ or qualification. The Board is not at liberty to add to or take away from the clear and unambiguous wording of the rule.
While the Board finds that Paragraphs 1, 2 and 3 of the Claim should be sustained, it also finds that Paragraph 4 must be denied. There is nothing to indicate that these unnamed claimants are readily identifiable, nor is there any specification of dates. Awards 12366 and 14468.