NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket
Number SG-22284
James F. Scearce,
Referee
(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."
jCarrier file R 315-12J
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 28 (m) - Holiday Service
"Service performed on the following legal holidays,
namely, New Year's Day, Washington's Birthday,
Decoration Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas (provided when any of the
above holidays fall on Sunday, the day observed by
State, Nation or by proclamation shall be considered
the holiday), shall be paid for at the rate of time
and one-half, except that this paragraph shall not
apply to monthly rated employes covered by Rule 48(b)."
Award Number 22623 Page 2
Docket Number SG-22284
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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