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Award No. 16930
Docket No. CL-16890
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Nathan Engelstein, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
BOSTON AND MAINE CORPORATION
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-6261) that:
(1) Carrier violated the rules of the Clerks' Agreement, as
amended and Article 11 of the National Agreement dated November
20, 1964 when it declined and refuses to pay claimant, Mr. B. E.
Gleadhill, for his birthday/holiday June 21, 1966 and punitive time
for work performed on that date.
(2) Carrier shall now be required to compensate claimant,
Mr. B. E. Gleadhill, $20.9424 for his birthday/ holiday, and an additional amount of $10.4712 representing the difference between punitive
and pro-rata paid him for working thereon.
EMPLOYES' STATEMENT OF FACTS: Claimant has a service and
seniority date of June 17, 1944.
Although Carrier has verbally stated it is not interested in a joint submission, the facts and issue involved are summarized in its letter of October
11, 1966, signed by Mr. W. J. Ahearne, Director Labor Relations and Personnel,
the highest official on the property to whom appeals may be made, quoted
as follows:
"October 11, 1966
Mr. J. Connor, General Chairman
Brotherhood of Railway and Steamship Clerks
150 Causeway Street, Room 704
Boston, Massachusetts 02114
CLAIM: CL-1022
Dear Sir:
On October 11, 1966, discussion was had regarding claim of
B. E. Gleadhill, furloughed store helper from the East Deerfield
Stores Department for a punitive day, plus eight hours' pay for his
birthday holiday, account having worked at least eleven days of the
thirty calendar days prior to the occurrence of his birthday on
June 21, 1966.
Claimant Gleadhill also performs work on the Fitchburg Division Freight Handlers' roster. He worked continuously from April 27
through June 17, 1966, while the regular janitor at Greenfield general
office was off account of illness. He was then called to cover a vacation vacancy at the Store Department commencing June 20 through
July 1, 1966.
Although Claimant did not perform service in the Stores Department on eleven days of the thirty calendar days preceding his
birthday, claim is based on the allegation that the service does not
necessarily have to be performed within the seniority district in
which the birthday holiday is claimed.
It is Carrier's position that when Claimant Gleadhill was called
to work in the Stores Department on June 20, 1966, any other service
performed off that seniority district is immaterial in determining his
birthday-holiday eligibility.
Claim for an additional four hours for work performed and for
an additional eight pro-rata hours for birthday holiday on June 21,
1966, is declined.
Yours very truly,
/s/ W. J. Ahearne
Director Labor
Relations & Personnel"
CARRIER'S STATEMENT OF FACTS: B. E. Gleadhill was furloughed
as a Store Helper from the East Deerfield Stores Department. His birthdayholiday occurred on June 21, 1966. While furloughed from the Stores Department, he worked as a janitor from April 27 through June 17, 1966, while the
regular janitor at Greenfield, Mass. Superintendent's office was off account
of illness. This position belongs to employes on the Freight Handlers' Roster
and has no connection whatsoever with the Stores Department employes or
rosters. Subsequently he was recalled to the Stores Department to cover a
vacation vacancy commencing June 20 and ending on July 1, 1966. His birthday was June 21, 1966.
Claim was declined because the claimant was working in the Stores
Department on his birthday, but he had not performed service in that department on eleven of the thirty calendar days preceding his birthday.
OPINION OF BOARD:
Claimant in this dispute was other than regularly assigned. He worked continuously from April 27 through June 17, 1966
as janitor at Carrier's Greenfield general office, filling the position while the
regular incumbent thereof was off account of illness. He was then called to
perform vacation relief in the Stores Department from June 20 through July 1,
1966. He fulfilled the duties of both assignments as required.
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Carrier takes the position that Claimant did not perform compensated
service in the Stores Department on eleven of the thirty calendar days preceding his birthday; that such service must be performed in the seniority
district in which the birthday holiday is claimed; and that service performed
off that seniority district cannot be considered in determining his birthdayholiday eligibility for compensation under the provisions of the November 20,
1964 National Agreement. Article II-Holidays, Section 6(d) of the aforesaid Agreement provides in pertinent part as follows:
"(d) Other than regularly assigned employes shall qualify for the
additional day off or pay in lieu thereof, provided (1) compensation
for service paid him by the carrier is credited to 11 or more of the 30
calendar days immediately preceding his birthday, and (2) he has
had a seniority date for at least 60 calendar days or has 60 calendar
days of continuous active
service preceding his birthday beginning
with the first day of compensated service, provided employment was
not terminated prior to his birthday by resignation, for cause, retirement, death, non-compliance with a union shop agreement, or disapproval of application for employment, and (3) if on the workday
preceding and the workday following the employe's birthday he satisfies one or the other of the following conditions:
(i) Compensation for service paid by the carrier is credited; or
(ii) Such employe is available for service.
NOTE: `Available' as used in subsection (ii) above is interpreted
by the parties to mean that an employe is available unless
he lays off of his own accord or does not respond to a
call, pursuant to the rules of the applicable agreement,
for service.
e ~ . s x»
The language is unambiguous. Nowhere do we find therein that such
compensated service must be credited to an employe in any one given seniority district, as Carrier contends. There is nothing to indicate in the record
before us that Claimant did not meet each and every requirement.
We will sustain the claim. Awards 14364, 14365, 14390, 14431, 15709, 16089,
among
others.
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.
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AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT ttOa%,r
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 29th day of January 1969.
Keenan Printing Co., Chicago, Ill. Printed in U.6
A
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