PARTIES TO DISPUTE:

 TRANSPORTATION-COMMUNICATION DIVISION, BRAC

NORFOLK AND WESTERN RAILWAY COMPANY

(Lake Region)


STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Division, BRAC, on the Norfolk and Western Railroad, that:








The Agreement between the parties effective January 1, 1959, as amended and supplemented, is on file with your Board and by this reference is made a part hereof.


Originally entered into by the New York, Chicago and St. Louis Railroad and its telegrapher employes on the Nickel Plate, Lake Erie and Western, and Clover Leaf Districts, the Carrier merged with the Norfolk and Western Railway, and the Organization became the T-C Division of the Brotherhood of Railway and Airline Clerks. The effectiveness of the Agreement has been maintained throughout.


Claim was timely presented, progressed, including conference with highest officer designated by Carrier to receive appeals, and has remained declined. The Employes, therefore, appeal to your Honorable Board for adjudication.

On August 31, 1968, the employes filed a claim with Mr. G. P. Hill, Superintendent, St. Louis Terminal, copy of which is attached as Carrier's Exhibit B, claiming eight (8) hours' pay at punitive rate, under the Agree. ment of September 29, 1967 (Carrier's Exhibit A), Holiday Rules and "other related rules of the Agreement"

 Subsequent handling on the Carrier's property is shown by the following letters which are reproduced as Carrier's Exhibits:

CARRIER'S EXHIBIT C - September 9, 1968 - Letter - Superin

tendent to Regional Engineer Signals and Communications.












OPINION OF BOARD: There is in effect an Implementing Agreement between the parties dated September 29, 1967, reading, in part:




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The record shows that at the time of the occurrence giving rise to the claim herein there were eight telegrapher positions in the Carrier's "GO" office. The Claimant was the occupant of one of the 9:00 A. M. to 5:00 P. M. assignments. On August 26, 1968, the Claimant's birthday, his position was blanked; be was allowed eight hours' pro rata holiday pay, and the work of his position was absorbed by and performed by the occupants of the remaining positions.


The Petitioner contends that the Implementing Agreement of September 29, 1967, entitles employes holding seniority on the Cloverleaf District seniority roster to man the first shiLL telegrapher position in "GO" office coverccd by the Agreement five days per week; and that Carrier was obligated to permit the Claimant to fill the position on the birthday holiday.


The Carrier contends that under the Implementing Agreement of September 29, 1967, there is no division of work, and that all employes in the office, including the Claimant, perform work for both the former Wabash Railroad and the former Nickel Plate Road; that the positions of the other seven employes are blanked when a birthday-holiday falls on one of the work days of their work week, and the work thereon is absorbed and performed by the remaining positions.


It is well settled that, unless otherwise specified, a Carrier has a right to blank a position on a holiday, including a birthday-holiday. We do not consider that the implementing Agreement of September 29, 1967, proscribes this right. Section 1 of that Agreement provides that "Employes on former NKP's Cloverleaf District telegraphers' seniority roster will be entitled to man one (1) regular five (5) day per week first shift 'telegrapher' assignment in Carrier's 'GO' Office, * * *." The Agreement does not provide that such position shall work five days per week. There was no violation of this portion of the Agreement by Carrier blanking the position on the Claimant's birthday-holiday and for which he received holiday pay.


Under Section 2 of the Implementing Agreement of September 29, 1967, the Carrier is permitted to have the "merged and consolidated" work performed by any or all of the. telegraphers in "GO" office. It was not a violation of the Agreement for the remaining seven telegraphers to per-


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 form all the work required in the office on Claimant's birthday-holiday. The force was not augmented on that date. See Awards 17057, 17428 and 17673.

 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









Dated at Chicago, Illinois, this 30th day of October 1970.

 Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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