(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employee PARTIES TO DISPUTE: (The Colorado and Southern Railway Company


                        STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7078) that:


            1, Carrier violated and continues to violate the Current Clerks' Agreement, particularly Rule 34 paragraph (e) and the provisions of the National Holiday Agreement, regular messenger, to be performed by Switch Clerks and others on Holidays and Messengers rest days, specifically Saturday and Sunday,


            2, Carrier shall mow be required to compensate J, Marisco, First Trick Messenger and Bobby Joe Esterbrook, Second Trick Messenger, their rate at time and one-half for Thanksgiving and Christmas Day, 1970 and New Year's Day 1971, in addition to all weekends therein, plus all holidays and weekends hereinafter until this violation is corrected.


            OPINION OF BOARD: The Organization contends that Carrier utilized other than

            Messengers to perform messenger service on three specified

            holidays and on rest days, and seeks additional gay for f:he first and second

            shift regularly assigned Messengers for the specified holidays "in addition

            to all weekends therein, plus all holidays and weekends hereafter until this

            violation is corrected,"


            Messengers on first and second shifts are regularly assigned to work weeks of Monday through Friday. In a long line of. Awards (see for example Awards 17844 and 18346) this Board has held that work on a holiday is governed by the "Work on Unassigned Days" rule. (Rules 34(e)) and Decision No, 2 of the Forty Hour Week Committee, which reads in part:


                  "F?here work is required to be performed on a holiday which is not a part of any assignment the regular employee shall be used."


            Under the rules involved, if messenger service were required on the first or second shift on the holidays specified, the regular incumbents were entitled to be used. From our study of the record it is clear (and admitted by the Carrier) that some messenger work was required of clerks on the weekends and holidays in question, he record does not show that employees other than Messengers normally performed messenger work as a part of their regular assignments. Carrier's Exhib Board and may not be considered since it was not presented or raised during the handling on the property.


,.>: ::.:z.,~
                              Award Number 19598 Page 2

                              Docket Number CL-19711


            It is our determination that the Claimants were the "regular" employees under the rule. We will sustain the claim to the extent of allowing payment for a minimum se to other holidays or rest days. Therefore, we shall deny that part of the claim reading "in addition to all weekends therein, plus holidays and weekends hereinafter until this violation is corrected."


                  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 Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Ac 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 W A R D

                  Claim sustained to the extent indicated in the Opinion.


                                      NATIONAL RAILROAD ADJUSTMENT BOARD

                                      By Order of Third Division


            ATTEST: tC4

            ,`,~s(~

                  Executive Secretary


            Dated at Chicago, Illinois, this 14th day of February 1973.


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