NATIONAL RAILROAD ADJUSTMENT BOARD
'BIRD DIVISION Docket Number CG-23987
(Brotherhood of Railways Airline and Steamship Clerks,
Freight Handlers., Express and Station Employes
PARTIES TO DISPUTE:
Elgin! Joliet and Eastern Railway Company
STATEMENT (7F CLAIM: Claim of the System Committee of the Brotherhood that:
(GL-9435)
that:
1. The Carrier violated the effective Clerks' Agreement when it
failed and refused to compensate Clerk A. Statt eight ($) hours' pay at the
pro rata rate of Position No.
GT-494
for January
1LO
1980'
as holiday pay.
2. The Carrier shall now be
required~to compensate Clerk A. Statt
eight (8) hours' pay at the rate of Position No.
GT-494
as holiday pay for
January 1s 19$0.
OPINTON OF BOARD: Claimant was regularly assigned to Position No.
GT-494
(Yard Clerk-Weighmaster) until Mondays December
31,, 1979
when she was displaced by a mare senior employe as the result of a reduction
in fonrce. On Thursdays January
3s 1980,
claimant elected to invoke her
seniority
rights.,
in accord with Rule 19 of the applicable agreements to fill
a regularly assigned relief position (Position No. GT-1186R). Position
No.
GT-494
has scheduled rest days every Monday and Tuesday. Position No.
GT-1186R has scheduled rest days every Tuesday and Wednesday. The Carrier
did not pay the claimant for the New Years Day holiday. The claimant now
urges us to award her eight hours of holiday pay for Tuesday., January
is 1980.
The Organization contends the claimant is entitled to
holiday pay
because she filled her regular assignment the last
workday
before the
holiday
and reported to Position No. GT-1186R the first workday after the holiday.
According to the Organizations the claimant should not be deprived of
holiday
pay since she had seven calendar days (pursuant to Rule 19) to exercise her
seniority rights after she was displaced. The Carrier argues that between
the time claimant was displaced. and the time she elected to fill Position No.
GT-1186R s
she was not a regularly assigned employe, To receive holiday pay
as other than a regularly assigned employe,, she must satisfy one of the two
conditions set forth in Section
3
of Supplement No.
7 - the
Nonoperating
National Holiday Provisions.
Award Number
23487
Docket Number CL-23987
Page 2
We agree with the Carrier's position. Rule 19 is separate and
distinct from the Holiday Agreement and. so it is the latter which controls
holiday pay. In this case' when claimant decided not to immediately exercise
her seniority rights on Monday., December
31, 1979,
she lost the status of a
regularly assigned employe and she did not regain regularly assigned status
until January 3, 1980. Under the following unambiguous terms of Section
3
of
the Holiday Agreement (which refer to "days" rather than "workdays"), other
than regularly assigned employes must meet one of these two conditions on the
day before and the day after the holiday to be entitled to holiday pay:
"(i) Compensation for service paid by the
carrier is credited; or
'"(ii) Such employe was available for service."
By her own actions, claimant was not available for service on December 31:
1979
and January 2, 1980. Claimant failed to satisfy either condition and, thus,
she has no right to receive holiday pay for January 1'
1980.
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 (terrier 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.
a
'I-- -
klozlw~
Executive Secretary
NATIONAL RAILROAD ADJUS24UT BOARD
By Order of Third Division
Dated at Chicago, Illinois, tt.is 8th day of January 192.