NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-25337
Edward L. Suntrup, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Kansas City Terminal Railway 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
allow Trackmen M. W. Springer, M. D. Stallbories, T. E. Rodecap, C. L. Howerton,
C. K. Fultz, L. R. Leslie and D. K. Rich and Trackmen-Machine Operators S. J.
Barnes, A. R. Katamura, K. L. Clark, J. A. Ortiz and B. G. Strozier holiday pay
for New Year's Day (January 1, 1982).
(2) The claimants shall each be allowed eight (8) hours of pay at
their respective straight-time rates in effect on the claim date because of the
violation referred to in Part (1) hereof.
OPINION OF BOARD: On February 21, 1982, a claim was filed by the Organization
' for compensation for Holiday pay for January .1, 1982, for the
twelve (12) Claimants named in the Statement of Claim. The claim alleges that
the Carrier was in violation of Article II, Section 2(c) of the National Holiday
Agreement of February 10, 1971. After the claim was disallowed by the Carrier it
was appealed on property up to and including the highest Carrier Officer designated
to hear such and it is now before the Third Division of the National Railroad
Adjustment Board.
A review of the record shows that the Claimants were furloughed on
December 31, 1981. The Agreement provision cited by the Organization in its
claims reads as follows:
'Subject to the applicable qualifying requirements in
Section 3 thereof, other than regularly assigned
employees shall be eligible for the paid holidays or pay
in lieu thereof provided for in paragraph (b) above,
provided (1) compensation for service paid him by the
Carrier is credited to 11 or more of the 30 calendar
days immediately preceding the holiday and (2) he has
had a seniority date for at least 60 calendar days or
has 60 calendar days of continuous active service preceding the holiday beginning with the first day
prior to the holiday by resignation, for cause, retirement, death, non-compliance with a union shop
or disapproval of application for employment.'
Award Number 25351 Page 2
Locket Number MW-25337
There is no dispute on property that all of the Claimants were compensated for
service on eleven (11l or more of the thirty (30) calendar days immediately preceding
January 1, 1982, that each had a seniority date of at least sixty (60l days preceding
that Holiday, and that none had been terminated for reasons stated in the Agreement
provision cited above.
In denying the claim on property the Carrier contends that since the
Claimants had not made themselves available for extra and relief work under
provisions of Article IV of the August 21, 1954, Agreement (Appendix A of the
current Agreement) they had no claim to the Holiday compensation in question.
This Board has dealt with an issue similar to the one at bar on a number of
occasions in the past. By established precedent the Board has held that employes
such as the Claimants who are on involuntary furlough are other than regularly
assigned employes as so claimed by the Organization (Third Division Awards 14431,
14515). Further, the Board has also ruled in the past that when employes are on
involuntary furlough, and when they have qualified for Holiday pay, they need not
also to be held accountable for compliance with contract requirements for extra
status employes as so contended by the Carrier (Third Division Awards 14635,
15787). The reasoning found in those earlier Awards is herein incorporated. The
claim should be sustained.
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 ADJUSTMENZ BOARD
By Order of Third Division
Attest:
,.
Nancy J. ver Executive Secretary
Dated at Chicago, Illinois, this 15th day of March 1985.