NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22360
Robert A. Franden, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company.
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8508) that:
1. Carrier violated the Agreement between the parties when it
failed and refused to permit Mr. W. R. Venable to work his regular assignment on November 11, 1976,
2. Carrier shall now be required to compensate Mr. W. R. Venable
an additional day's pay for November 11, 1976, at the rate of his regular
assigned position, Chief Yard Clerk at Oklahoma City.
OPINION OF BOARD: Claimant is the Chief Yard Clerk at Enid, Oklahoma,
with hours from 7:59 a.m. to 3:59 p. m. with Saturday
and Sunday rest days.
On November 11, 1976, which was a holiday, claimant did not
work but received holiday pay. On that day consists for trains 4411 and
4310 were sent by the first trick telegrapher.
This claim was filed based on rule 36~(k):
"Rule 36k(k) WORK ON UNASSIGNED DAYS -- Where work is
required by the carrier to be performed on a day which
is not a part of any assignment, it may be performed
by an available extra or unassigned employe who will
otherwise not have 40 hours of work that week; in all
other cases by the regular employe."
There is no question but that claimant performs the work of
sending the consists in question during his regular work week. This issue
was litigated by these parties in the case decided by Award 237 of Public
Law Board No. 405, and the awards of that Board following Award 237.
We are not persuaded that those awards are in error; hence we
will follow same and sustain the claim.
Award Number 22749 Page 2
Docket Number CL-22360
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 violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
' By Order of Third Division
ATTEST:
eowe~141-
PA&ZOO..'
Executive Secretary
Dated at Chicago, Illinois, this 29th day of February 1980.