(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company

STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Missouri Pacific
Railroad Company (T&P);

Claim on behalf of Signalman B. P. Riggs, Gang 1681, headquartered at Centennial Yard, Fort Wort payment of twenty-four hours at time and one-half his straight time hourly rate of $6.95 per hour for service on the Arlington maintenance position on the holiday, May 31, 1976; and additional payment of twenty-four hours at time and one-half the Leading Signalman's straight time hourly rate ($1501.00 per month) for service at Centennial Yard on the holiday, July 5, 1976. This payment due under Rule 28 (m) of the current Signalmen's Agreement, as amended."



OPINION OF BOARD: The record indicates that the Claimant -
a Signalman - was directed to protect vacancies
of monthly-rated Signal Maintainers for the periods of May 21 to
June 21, 1976, and June 28 to July 5, 1976. Holidays fell during
both periods - May 31 and July 4. Claimant gave service during such
periods and was covered, according to the Organization, by Rules 28(m)
- Holiday Service - and 18, quoted hereafter:







        Rule 18


        "When work not covered by this agreement is done outside of regular work period by employes paid on either a monthly or hourly basis, and extra compensation is agreed upon for the performance of such work overtime rules of this agreement will not apply."


In contrast the Carrier points to Rule 48 (b) cited (in pertinent part) hereafter:

        Rule 48


        "(b) 1. Signal Inspectors, Foremen, Leading Signalmen, employes assigned to the maintenance of a section or plant, and employes regularly assigned to perform road work shall be paid on a monthly basis at applicable rate set forth is Rule 47 which shall constitute the compensation for all service rendered except as hereinafter provided in this rule and in Rule 18. No time will be deducted unless the employe lays off of his own accord.


        4. Monthly rated employe shall be assigned one regular rest day per week, Sunday if possible. Rules applicable to other employes who are subject to the terms of this agreement will apply to service which is performed on such assigned rest day.


        5. Ordinary maintenance or construction work shall not be required of monthly rated employes on the sixth day of the assigned work week, which ordinarily will be Saturday."


It is sufficiently clear that an employe assumes all of the circumstances attendant to a position during the period he is required to protect such position. Here, the Claimant was entitled to all benefits inuring to the position of Signal Maintainer, including those applicable to the two holidays which-fell within the period. Such benefits, since the Signal Maintainer position is monthly-rated, are different from those of a Signalman.
                  Award Number 22623 Page 3

                  Docket Number SG-22284


Contrary to the organization's claim, we find no basis to segregate the holidays during such periods for application of a Signalman's benefits.

Of more potential pertinence is the Organization's contention that the Claimant was directed to such holidays; to substantiate this the Organization offered an undated "note" by the Claimant, which the Carrier purports to have first seen well after the initiation of the claim;

        "Dear Sir,


        I would like to restate again that my supervisor Mr. W. T. Stockstill told me to take calls on these two holidays and that in his opinion these holidays were to be included as part of my vacation relief assignment. I had to work an 8 hr. shift on July 5 on instructions from Mr. Stockstill."


We are unable to give any force and effect to this claim, considering the method and timing of its issuance. An unsupported assertion, as here, cannot be held to possess the quality of proof that is required to substantiate such a claim.

        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 not violated.

                  Award Number 22623 Page 4

                  Docket Number SG-22284

                  A W A R D


        Claim is denied.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST:h~/eea-=
Executive Secretary

Dated at Chicago, Illinois, this 9th day of Nova 1979.

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