NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TE-19705
Irwin M, Lieberman, Referee
(Brotherhood or Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employee
( (Formerly Transportation-Communication Division, BRAC)
PARTIES TO DISPUTE:
(Reading Company
STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Di
Item 1 - The Reading Company (Carrier) violated our current agreement
when it failed and refused to properly compensate claimant, R. S. Slemmer, for
holiday pay (July 4th, 1970), that fell on a workday (Saturday) of his position,
while he was on vacation.
Item 2 - As a consequence of the above violation the Carrier is required
to pay claimant, R. S. Slemmer, eight hours at the time and one-half rate or $45.13,
amount denied him.
OPINION OF BOARD: Claimant was on vacation during July 1970. While on vacation,
the Independence Day Holiday (July 4th) fell on a work day of
his assignment. The job was worked on that day and the relief man was paid a pro
rata day as holiday pay and time and one-half for working; the total hours he was
paid for was twenty: eight hours holiday pay and eight hours at time and one-half
(twelve hours) for work performed on a holiday. Claimant, the vacationing employee,
was paid a pro rata day (eight hours) as holiday pay and a pro rata day (eight hours)
as vacation pay. The claim, as amended, is for an additional four hours pay to make
the total compensation for Claimant equal to the amount which the relief employee
The issue before us is what is the proper compensation for an employee
who is on vacation and a holiday occurs on a work day of his regular assignment,
and that day is worked by a relief employee. Article 7(a) of the National Vacation Agreement and its
An employee having a regular assignment will be paid
while on vacation the daily compensation paid by the carrier
for such assignment.
This contemplates that an employee having a regular
assignment will not be any better or worse off, while on
vacation, as to the daily compensation paid by the carrier
than if he had remained at work on such assignment, this
not to include casual or unassigned overtime or amounts
received from others than the employing carrier."
°°tl
Award Number 19675 Page 2
Docket Number TE-19705
Issues identical with this one have been before this Board on numerous
occasions. See, for instance, the following Awards of this Division: 10550, 11113,
11827, 11976, 15722, 15910, 16131, 16324, 16472, and others. These Awards, and
others, have consistently held that an employee on vacation during a period in
which a holiday occurs, and his position is assigned to work that holiday and is
worked by a relief employee, should be paid eight hours as holiday pay and eight
hours at time and one-half as vacation pay or a total of twenty hours pay.
The Awards cited above are sound and we shall follow them; Claimant
shall be allowed four additional hours pay, making his total compensation for July
4, 1970 twenty hours pay.
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 W A R D
Claim sustained for 4 hours pro rata pay.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
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xecu ive ecretary
Dated at Chicago, Illinois, this 23rd day of March 1973.