NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 19364

THIRD DIVISION Docket Number CL-16561

_ Paul C. Dugan, Referee

(Brotherhood of Railway and Steamship Clerks, ( Freight Handlers, Express and Station Employees PARTIES TO DISPUTE: (New York Central Railroad - Southern District

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6100) that:

(a) The Carrier violated the Rules Agreement by hoiding R. L. Brown, Engine Dispatcher-Clerk Caller off his regular position at Petersburg, Indiana, on Decoration Day, May 31, 1965 (day observed by the Nation) and assigning the duties of the position to another employee not covered by the Cl..rks' Agreement.

(b) The claimant, R. L.- Brown-, -shall be allowed two hours pay at punitive rate for Decoration Day, Monday, May 31, 1965; an account of this violation.

OPINION OF BOARD: Claimant filed this claim on the basis that he was not
permitted by-Carrier to work his assignment on the Decora
tion Day holiday,. May, 31,,1965.,.- in violation of Rules 20, 16 (j) and 44 (b).
Claimant contends that these rules were violated when 'non-rlarkbNperformed
the duties of Claimant's position on said holi~`~,

Rule 16 (j) provides as follows:

"(j) WORK~ONIUNASSIGNED DAYS

Where work is required by the carrier to be performed on a day which is not a part of any assignment, it may be performed by an available extra or unassigned employe who will otherwise not have forty (40) hours of work that week; in all other cases by the regular employe."

;r;'j` p.'fietw show that a telegrapher, a Mr. Wheeler, drove Carrier's
statf s~: transport a crew on said holiday.

`·"' es'B defense to this claim is that the Claimant does not have
the " right to the work in dispute under the Scope Rule of the Agree-
ment or by past practice nor is the work assigned exclusively to employes under
the Clerks' Agreement.

We find that Carrier was required under the provisions of Rule 16(j) of the Agreement to have used Claimant for the performance of the work of trans-

porting the crew on said holiday. See Award.: 79039, 19024, 18805, and 18700. We will therefore sustain the claim.

Award Number 19364 Page 2

' Docket Number CL-16561

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.

A Td A R D

Claim sustained.

1

NATIONTAL RAILROAD ADJUSMIE17T BOARD

' By Order of Third Division

ATTEST:

Executive Secretary

Dated at Chicago, Illinois, this 28th day of July 1972.

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