NATh?-AL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TE-19621
(Broz.`.erhood of Railway, Airline and Steamship Clerks,
( Frelght Handlers, Express and Station Employes
(formerly Transportation-Communication Division, BRAC)
PARTIES TO DISPUTE:
(Maine Central Railroad Company
(Portland Terminal Company
STATEMENT OF CLAIM: Clair of the General Committee of the Transportation-Commu
nicat_on Division, BRAC, on the Portland Terminal Company,
T-C 5831, that:
Carrier violated the June 24, 1968 Holiday Agreement when they denied
8 hours holiday pay to `!r. E. A. Wakefield for July 4, 1970 (a guaranteed holiday
if the employee qualifies'. Carrier shall be required to compensate Mr. Wakefield
8 hours at the pro rata rate in accordance with the June 24, 1968 Agreement.
OPINION OF BOARD: The claim in this case is that the Carrier violated the June 24,
1968 Holiday Agreement when it denied holiday pay to the claim
ant for July 4, 1970. Claimant, a telegrapher, also worked as an Extra Train Dis
patcher on his rest days. From June 29, 1970 through July 10th, 1970 the Claimant
covered the third trick assignment of a regularly assigned train dispatcher. The
rest days of that dispatcher's assignment were July 4 and July 5, 1970, when the
claimant elected to work as a telegrapher. Since the dispatcher's job is a monthly
rated job, the rate of pa.: includes pay for the holiday, as distinguished from the
telegrapher's rate of pay, which does not.
In the view of =his Board the claimant was a Train Dispatcher, from June
29 through July 10, 1970, thus coming within the full purview of the Train Dispatcher's Agree
on July 6 and was not being released from that .assignment.
Referee Herbert J. Mesigh in Award #16457 reviewed and properly stated
the position of this Board on such :n issue when he distinguished between circumstances where a spar
is working in the dispatcer field cr. a day to day assignment, as in the case before him, and the in
entire period in question as a monthly rated Train Dispatcher. The circumstances
in Award No. 82 of Special Board of Adjustment No. 192 and Third Division Award
No, 11317 cited by the e-.-Dloyees are the same as in .Award No. 16457 and were discussed by Referee
in the following langua4=: .,
Award Number 19632 Page 2
Docket Number TE-19621
". ..Foremen covered by their effective agreement do
not receive any pay for holidays as such. It is clear that
these claimants were 'regularly assigned' to the Foreman's
position both before and after a holiday and were under the Foreman's
Agreement which did not provide for holiday pay. Such findings by the
Second Division would necessarily hold true in the instant dispute if
claimant had not been released from his 'regular assignment' as an extra train dispatcher December 3
In our opinion, the Second and Third Division Awards relied
upon by the parties have in fact established that an employee
may not circumvent or misconstrue to his own benefit the intent
and language of each respective agreement. He may not attempt
to obtain bonus benefits in the form of holiday payments just because he retains position and senior
while performing under the other. Said holiday payment is determinable by his release from the 'regu
agreement and his reversion to his 'regular assignment' under the
other."
The claimant here was paid the higher rate of the dispatcher, which in-
cludes holiday pay, and did not revert to his regular assignment as a telegrapher
until after July 10. The Carrier did not require him to work as a Telegrapht_
on the July 4th holiday; he chose to do so.
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 leaning 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 not violated.
A W A R D
The claim is denied.
fATIONAL
RAILROAD ADJUSTMENT BOARD
By Grder of Third Division
ATTEST:~L~
Executive ecretary
Dated at Chicago, Illinois, this 27th day of February 1973.