NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-16915
William M, Edgett, Referee
(Brotherhood of Railway and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Central of Georgia Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6193)
that:
(1) The Carrier has violated and continues to violate the Clerks'
Agreement of December 1, 1956, as amended, by requiring or permitting tha Agent,
Telegrapher Operators Rahn and Taylor, employes not covered by the Clerks' Agreement, to
(2) Yard Clerk Jack Strickland shall now be paid eight (8) hours'
penalty time for service performed by the above referred to employes not covered
by the Clerks' Agreement for Monday, December 27, 1965 and Monday, January 3,
1966, the Legal Holidays in Clerk Strickland's case, at his regular rate of pay
(subject to any future salary adjustment, if any) and also paid in like manner
for each and every holiday or rest day, if any, upon which a like violation
occurs in the future, and that
(3) The successor, or successors, if any, of Yard Clerk Jack Strickland shall be paid in like ma
(4) The records of the Carrier at this small station shall be jointly
checked with the General Chairman to determine the extent of the violation and
the reparations due the above named or referred to employe(s),
OPINION OF BOARD: The only claim properly before the Board is for Monday,
December 27, 1965, and Monday, January 3, 1966, which were
holidays for claimant. The wording of the claim itself is sufficient to determine that there was no
In initiating the claim the claimant stated the basis for the claim
for December 27, 1965, as:
"Held off job on December 27 account of my holiday and
work being performed by operator Taylor operator Rahn
and Agt. Morris. Work that is assigned to this job
5 days per creek putting mail tin 108 and working yard,
Making consist and yard reports."
A similar statement was made in the January 3, 1966 claim.
Award Number 19271 Page 2
Docket Number CL-16915
Holidays are considered in the category of unassigned days, covered
by Rule 35(f), and Decision No. 2 of the Forty-Hour Week Committee, which reads:
"Where work is required to be performed on a holiday
which is not part of any assignment the regular employee
shall be used."
There is sufficient evidence in the record to find that the claimant
was "the regular employee", and was entitled
f.o
be used on the specified holidays. However, we have been cited to no rule in the Agreement requi
the extent of allowing payment of a minimum call under Rule 36(a) for December
27, 1965, and January 3, 1966.
Parts (3) and (4) of the claim will be dismissed.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and 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
That the Agreement was violated to the extent shown in the Agreement.
A W A R
Claim sustained to extent indicated in Opinion and Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 22nd day of June 1972