NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21480
David C. Randles, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks,~Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Burlington Northern Inc.
STATFVM-T OF CLAIM: Claim of the System Committee of the Brotherhood,
GL-8056, that:
1. Carrier violated the Schedule Agreement when it failed to
properly compensate Telegrapher L. M. Lee, Portland, Oregon, time and j
one-half for working the sixth day of her work week November
30,
1974.
2. Carrier shall now compensate Mrs. L. M. Lee eight hours
at the time and one-half rate less the straight time already paid for
November
30,
1974.
OPTION OF BOARD: Claimant, an extra employe, was assigned to work
the position of telegrapher, hours 1:00 p.m. to
9:00 p.m., commencing Monday, November 25, 1974, and continuing through
Friday, November 29, 1974. Claimant fulfilled the requirements of the
assignment by working Monday, Tuesday, and Wednesday, observing the
Thanksgiving Day holiday on Thursday for which she was paid eight (8)
pro rata hours, and then working Friday. She was therefore entitled to
the rest days of the assignment, i.e., Saturday and Sunday.
Carrier then assigned Claimant to work another position on each
of the rest days of the telegrapher assignment she had filled Monday
through Friday, but paid her eight (8) hours at only the straight-time
rate for Saturday, the first rest day.
Since early Award 6970 of this Division, interpreting rules
similar to those involved herein, it has generally been decided that
extra employes assigned to a vacancy assume all of the conditions of the
position they are filling, including the rest days thereof. Third Division
Award 15442 specifically stated the intent of the "holiday pay" agreement
in a case identical to that which is here involved.
We will follow those awards and sustain the claim.
Award Number 21454
Docket Number CL-21480
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;
Page 2
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.
ATTEST:
Executive Secretary
NATIONAL RAILROAD ADJUSTIVIOT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 18th day of March 1977.
