NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-24787
Rodney E. Dennis, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it failed and refused to
properly compensate Mr. M. J. Jammes for Christmas Eve (December 24, 1980) and
Christmas Day (December 25, 1980) (System File 37-SCL-81-8/12-53(81-26) G).
(2) Because of the aforesaid violation, the claimant shall be allowed
the difference between the holiday pay he was allowed at the welder helper's
straight-time rate and the holiday pay he should have received at the welder's
straight-time rate for December 24 and 25, 1980.
OPINION OF BOARD: Claimant M. J. Jammes was regularly assigned as a Welder/Helper.
From December 19 through December 31, 1982, he was assigned
to fill the position of a vacationing Welder. Claimant was paid at the Welder.'s
rate for all days worked between December 19 and December 31. He was paid
Holiday pay for Christmas Eve and Christmas Day at the Welder'slHelper's rate.
Petitioner contends that since he was assigned to a Welder's job, and received
Welder's pay for days worked before Christmas, as well as after Christmas, he
should have been paid for the Holiday at the Welder's rate, not the Welder'slHelper's
rate. Petitioner relies on Rule 30, Section 1(a), of the Schedule Agreement
for its support. That Rule states:
"(a) Holiday pay for regularly assigned employees shall
be at the pro rata rate of the position to which assigned."
Carrier contends that Claimant was a regularly assigned WelderlHelper,
and that, as such, he should be paid at the welder'slHelper's rate for the
Christmas Holiday. It also relies on Rule 30(a) to support its position.
This Board has carefully reviewed the Agreement language involved
here, as well as the cases on both sides of the issue. We are inclined to
support the Petitioner in this situation. We rely on Third Division Award
21007 in this instance.
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;
Award Number 25274 Page 2
Locket Number MW-24787
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:
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1985.