NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20100
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Central of Georgia Motor Transport Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7235)
that:
(a) Carrier violated the Agreement at Columbus, Georgia, when they
failed to call Mr. J. G. Clements to work on Monday, May 31, 1971, (Memorial
Day) and junior employe Mr. J. L. Gilliland was used to perform the work of
Mr. Clements' assignment.
(b) Carrier shall be required to compensate Mr. J. G. Clements for
ten hours' pay at the rate of time and one-half for Monday, May 31, 1971,
(Memorial Day).
OPINION OF BOARD: Under the Agreement between Carrier and Petitioner, effec
tive November 1, 1970, Memorial Day is an observed holiday.
On Monday, play 31, 1971, Memorial Day, Claimant J. G. Clements was not called
and did not work. He alleges, however, that his regular assignment was worked
that day and that the work of his position was performed by another employee,
Mr. J. G. Gilliland, for ten hours on that date. Claimant contends that he
should be compensated at the holiday rate accordingly.
The provision of the Agreement relating to Holidays reads in pertinent part as follows:
"RULE 19 - HOLIDAYS
"(d) An employee who is required to work on one of the
specified holidays and does not voluntarily absent himself from work during the work week in which o
above enumerated holidays occurs shall be compensated
at the rate of time and one-half for all time worked on
the holiday in addition to his regular weekly pay minimum."
Carrier declined to honor the claim primarily upon the ground that
Claimant's position had been "abolished" on the holiday.
Careful examination of the authorities of this Board indicates that
the Carrier has the right to blank a position on a holiday. But the evidence
on the record before us in this case indicates that Claimant's position was
Award Number 20108 Page 2
not blanked on Memorial Day, May 31, 1971. Rather, work of the position was
performed on that day by another employee.
Under the authority of Awards 13087 (Ables), 13137 (Hamilton),
15375 (Engeletein), 15950 (Lynch) and 17952 (Devine) we will sustain Part (a)
of the instant claim.
Part (b) of the claim seeks ten hours pay at the rate of time and
one-half for the violation alleged in Part (a). The evidence in the record
does not support a claim for more than eight hours. Accordingly, we will
reduce Part (b) of the claim to eight hours pay at the time and one-half
rate.
FINDINGS: The Third Divsion of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon, and upon
the whole record and all the evidence, finds and holds:
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 Carrier violated the Agreement.
A W A R D
Claim sustained as indicated in the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 25th day of January 1974.