NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 19772

THIRD DIVISION Docket Number CL-19871

Benjamin Rubenstein, Referee

(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employees PARTIES TO DISPUTE: (Chicago & Illinois Midland Railway Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7156) that:

1. Carrier violated the Agreement between the parties when it failed and refused to compensate Telegrapher-Leverman J. M. Ruggles for eigt" hours at time and one-half rate on April 16, 1971, his Birthday-Holiday and al.i a vacation day.

2, Carrier shall compensate J. M. Ruggles for eight hours at the time and one-half rate of his position for April 16, 1971.

OPINION OF BOARD: While on vacation, Claimant's birthday fell on an assigned
workday of his workweek and his position was worked on his
birthday. Claimant was paid eight (8) hours' pro rata for his birthday holiday
and eight (8) hours' pro rata for vacation pay. He claims additionalfour (4)
hours pay pursuant to the provisions of the agreement.

Petitioner argues that Claimant should be paid the additional four (4) hours' pro rata pay making his total compensation for the day in question twenty (20) hours because Carrier filled his position while on vacation and on his birthday holiday. Award Nos. 15722 (Miller), 15910 (McGovern), 16131 (House), 16377 (Heakett), 16472 (McGovern), 17009 (Criswell), 17011 (Criswell), 17366 (Yagoda) and 17367 (Yagoda), deal with identical fact situations. They and numerous other awards sustain the position of petitioner herein.

Respondent argues that the issue has been decided in its favor in Awards 17200 (Myers), and 19617 (Blackwell).

We have carefully examined all of the Awards cited and find that the better-reasoned Awards support the Petitioner. We will, therefore, sustain the claim for an additional four (4) hours' pay at pro rata rates,

1.

Award Number 19772 Page 2

Docket Number CL-19871

FIT'DIMS: 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 Employes within the meaning of the Railway Labor Act, as approved June 21, 193:

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

The contract was violated.

A W A $ D

Claim sustained,

NATIONAL RAILROAD ADTUSrMV7T BOARD

By Order of Third Division

ATTEST: Executive SedretauT

Dated at Chicago, Illinois, this 25th day of May, 1973.