NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 19521

THIRD DIVISION Docket Number CL-19542

Frederick R. Blackwell, Referee

(Brotherhood of Railway, Airline and Steamship Clerks, ( ?reight Handlers, Express and Station Employes PARTIES 20 DISPUTE: (St. Louis-San Francisco Railway Company

STATEMENT OR CLAIM: Claim of the System Committee of the Brotherhood (GL-7033) that:

(1) Carrier violated the Agreement between the parties at Springfield, Missouri when on May 30, 1970 to properly compensate the incumbent of the Diesel Clerk position who was assigned to work on that date and who did in fact perform service on the holiday.

(2) Mr. Van H. Elting now be compensated at the time and one-half rate of the Diesel Clerk position on May 30, 1970 which he worked in addition to the eight hours straight time he received on that date, a legal holiday.

OPINION t! BOARD: Claimant seeks eight hours compensation at time and one-half
rates for work allegedly performed on may 30, 1970, a Holi
day under the parties' National Holiday Agreement. In their submission to the
Board, and also in their reply to the Organization's Ex Parte Submission, Car
rier questions whether or not Claimant did In fact work the Holiday; questions
what work he performed if any, and charges that in arty event if he did work the
Holiday he was not authorized to do so.

After carefully examining the entire record, the Board concludes that Claimant did work on the Holiday. The Organization states that three supervisors were present when C Officer did write on September 29, 1970:

"The facts are that Mr. Elting worked his position as

diesel clerk on May 30, 1970, a Saturday, one of the rest d! Zs

of his assigmsat, without being authorized to do so. * * *.

The question of authorization is more troublesome. We find that Claimant was verbally instructed just prior to the Holiday to discontinue working on Saturdays, a practice authorized for some twenty previous months. He was not, though, told specifically to discontinue working Holidays or to discontinue working holidays that were also rest days. Also, the record discloses that Bulletin No. lists assignment as: "?ive days per week, including Holidays". Additionally, there is in evidence a document entitled:

Award Number 19521 Page 2

Docket Number CL-19542

"Schedule of Assigned Hours and Rates of Pay for Agents, Telegraphers and Clerical Employes - Eastern Division effective January 1, 1970."

which shows Claimant's position as scheduled to work on Holidays.

ffaier these circumstances, we swat hold that verbal instructions to discontinue working on Holidays were not specific enough to overcome two other written requirements that Claimant's position would work on Hclideys. We will sustain the Claim.

FIHDIMS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties waived oral bearing;

That the Carrier and the Employee involved in this dispute are respectively Carrier and Employee 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 ii A R D

Claim sustained.

NATIONAL RAILROAD ADJUSTMBIT BOARD

By Order of Third Division

ATTEST:

-Executive Secretary

Dated et Chicago, Illinois, this 20th day of December 1972.