NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number CL-22562
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Western Fruit Express company
STATEMENT CF CLAIM: Claim of the System Committee of the Brotherhood
GL-8572, that:
1. Carrier violated the Clerks' Working Agreement when it
failed to properly compensate Mr. E. C. Ellis, Relief Foreman, Whitefish,
Montana for service performed on the holiday of December 25, 1976.
2. Carrier shall now be required to compensate Mr. E. C.
Ellis
an additional eigh* (8) hours at the time and one-half rate for working
the Christmas Eve holiday on December 25,
1976.
OPINION OF BOARD: Claimant seeks an additional eight (8) hours at time
and one-half for working the Christmas Eve Day
Holiday.
Rule 31 provides a time and one-half payment for work performed
on a holiday, but Claimant argues that the
manner
in which the holidays
in question occurred required additional payment.
Unquestionably, this claim is clouded by the fact that the
Claimant "...experienced a double holiday on Saturday, Christmas Day."
While Claimant's contentions have an appeal, in order to
sustain this claim, it would be necessary for us to disregard that
portion of the July 15, 1971 Agreement which states:
"Under no circumstances will an employe
be allowed, in addition to his holiday
pay, more than one time and one-half
payment for service performed by him on
a holiday which is also a work day, a
rest day, and/or a vacation day."
The cited provision is clear and it disposes of this claim.
Award Number 2256$ Page 2
Docket Number CL-22562
FINDINGS: The Third Division of the Adjustment Board, upon the whale
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 not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 16th day of October 1979.