Award No. 19024 Docket No. CL-16859
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD CO.
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6161) that:
EMPLOYES' STATEMENT OF FACTS: Employe W. C. Bell, who has a seniority date of May 11, 1928 in Seniority District No. 42, is the regularly assigned occupant of Check Clerk Position 6288 at Sioux City, Iowa. His assignment is from 5 A. M. to 2 P. M., Monday through Friday with Saturday and Sunday rest days.
Employe B. C. Bell, who has a seniority date of December 3, 1947 in Seniority District No. 42, is the regularly assigned occupant of Yard Clerk Position 6471 at Sioux City, Iowa, with hours and days of assignment of 2 P. M. to 11 P. M., Monday through Friday, and Saturday and Sunday rest days.
Tuesday, November 9, 1965 was employe W. C. Bell's Birthday Holiday; however it was necessary to fill his Check Clerk Position No. 6288 on that date.
In lieu of filling Position 6288 on that day with an employe with seniority under the Clerks' Agreement in accordance with the provisions of Rule 32 and Memorandum of Agreement No. 9, the Carrier used W. T. Jacobs, who had no seniority under the Clerks' Agreement and who was employed and performed service as an extra Trainman and Switchman during the period October 13 through November 9, 1965, to fill Position 6288 on that date.
The name of W. T. Jacobs does not appear on the July 1, 1965 seniority roster for District No. 42. His name does appear on the January 1, 1966 roster for that district with a seniority date of December 4, 1965. On the July 1, 1966
OPINION OF BOARD: Tuesday, November 9, 1965 was employe Wilfred C. Bell's Birthday-Holiday and it was necessary to work his Check Clerk Position No. 6288 on that date. Wilfred C. Bell was not used.
It is well settled by prior Awards of this Board that positions may be blanked on holidays, including Birthday-Holidays, but if work of the position is required to be performed on the Holiday the regular employe is entitled to be used. Award 18805.
The record is clear that the work of employe Wilfred C. Bell's position was performed on his Birthday-Holiday on Tuesday, November 9, 1965. Accordingly, we will sustain Item (1) of the Claim.
The Carrier raises the issue that employe Billy C. Bell; the regular occupant of Position No. 6471, is an improper claimant in this dispute. With this we must agree. Accordingly, we will deny Item (2) of the 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 Carrier violated the Agreement to the extent indicated in the Opinion.
Claim sustained in part and denied in part as set forth in the Opinion and Findings.