THE NEW YORK, NEW HAVEN AND HARTFORD
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Employees Union on The New York, New Haven and Hartford Railroad, that:
EMPLOYES' STATEMENT OF FACTS: An Agreement between The New York, New Haven and Hartford Railroad Company and this Union, dated September 1, 1949 as amended and supplemented, is available to your Board and by this reference is made a part hereof.
This claim was presented and progressed in accordance with the time limits provided by the Agreement up to and including appeal and conference with the highest designated officer designated by the Carrier to receive appeals. Having failed to reach a settlement, the Employes now appeal to your Honorable Board for adjudication.
The Claimant Mrs. Louise P. Yeager is regularly assigned as OperatorClerk at "XC" Office, Maybrook, New York. On Saturday, June 12, 1965 a rest day of her assignment, she was called by the Carrier to perform service during her assigned hours. Coincidentally June 12, 1965 was also her birthday. Mrs. Yeager claimed 8 hours pro rata for her Birthday-Holiday, 8 hours at time and one-half for working on her Birthday-Holiday and 8 hours at time and one-half for working her assigned hours on her, Rest Day. Carrier paid her for 8 hours at the pro rata rate and 8 hours at one and one-half times the hourly rate of her job.
There is no disagreement as to the facts, the dispute is over the compensation.
TCU Exhibits 1 through 6 are reproductions of the correspondence exchanged on the property in an effort to affect a settlement of this dispute.
CARRIER'S STATEMENT OF FACTS: The claimant in this case, Louise M. Yeager, held regular assignment as Operator-Clerk at "XC" Office at Maybrook, New York.
On Saturday, June 12, 1965, one of Mrs. Yeager's regularly assigned rest days, she was called to perform service on her regular position, there being no spare employe available. June 12, 1965, was also the claimant's birthday.
For the service performed on the rest day-birthday involved, the claimant was paid eight hours' pay at punitive rate and, in addition, was allowed eight. hours' pro rata pay for the birthday holiday.
The Organization contends that the claimant is entitled to the following payments covering June 12, 1965:
Attached as Carrier's Exhibit A is copy of appeal of former General Chairman J. F. Kelleher to the undersigned. Attached as Carrier's Exhibit B is copy of decision of the undersigned who is the highest designated officer on the property to handle claims and grievances.
Copy of Agreement between the parties, dated September 1, 1949, as amended, is on file with your Board and is by reference made a part of this submission.
OPINION OF BOARD: This is another in a long series of cases, wherein Claimant was required to work a regularly assigned rest day which also happened to be a birthday holiday. These cases have been resolved in favor of the Claimant and we affirm these decisions.
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;