NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

David H. Brown, Referee

MISSOURI PACIFIC RAILROAD COMPANY

1. Carrier violated the Clerks' Agreement when it refused to permit extra and furloughed Clerk Lewis Johnson, and extra and furloughed Freight Warehouse Laborers (Stowmen) Walter Dickens, Jr. and Gladies Harrison, St. Louis Terminals Station and Yards seniority roster and district, St. Louis, Missouri, to work on their Birthday holidays, on August 12, 1966, August 9, 1966 and June 6, 1966, respectively, and required employes junior to them in their seniority districts to work on those days, which Carrier action was in violation of Article II, Section 6 of the November 20, 1964 National Mediation Agreement Case Nos. A-7127 and A-7128; and also Rules 14(i), 21, 26 and related rules of the basic Clerks' Agreement.

2. Carrier shall now be required to compensate-

(a) Lewis Johnson for 8 hours at time and one-half of the Checker-Stowman rate, amount $33.45, for August 12, 1966;

(b) Walter Dickens, Jr., for 8 hours at time and one-half of the Stowman's rate, amount $31.47, for August 9, 1966;

(c) Gladies Harrison for 8 hours at time and one-half of the Stowman's rate, amount $31.47, for June 6, 1966.

`For other than regularly assigned employes, if an employee's birthday falls on a day on which he would otherwise be assigned to work, he shall be given the day off and receive eight hours' pay at the pro rata rate of the position which he otherwise should have worked.'

Inasmuch as the claimants were allowed the day off and paid eight hours at the pro rata rate of pay in accordance with the provisions of Article II of the November 20, 1964 Agreement, this claim is without merit or rule support and is respectfully declined.

Fours truly,

/s/ 0. B. Sayers

9. Claim was progressed in the proper manner on the property and is properly before your Board.

OPINION OF BOARD: Each of the Claimants is an extra furloughed employe who complaints that he was not permitted to work on his Birthday Holiday (under the November 20, 1964 National Agreement) alleging that Carrier chose instead to call a junior extra-furloughed employe to work the position.

In numerous cases, we have held that while Carrier may blank a position on the regular incumbent's Birthday Holiday, if the position is worked, the work must be offered to the incumbent. Awards 15398 (House), 15638 (Ives), 15783 (McGovern), and 15911 (McGovern).

Further, in a case squarely in point, we held in Award 15598 (Dorsey) that the rule applied equally to extra employes.

Such authority compels a sustention of this claim.

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.

AWARD Claim sustained.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: S. H. Schulty

Executive Secretary