Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27020
THIRD DIVISION Docket No. MW-26686
88-3-85-3-545
The Third Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific 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
allow Sectionman H. 0. Coria holiday pay for July 4, 1984 (System File M-36).
(2) The claimant shall be allowed eight (8) hours of pay at his
straight time rate because of the violation referred to in Part (1) hereof."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant is employed as a sectionman. In July 1984, Claimant was
regularly assigned to work on Monday through Friday each week. On Tuesday,
July 3, 1984, Claimant worked as scheduled; he did not work on Wednesday, July
4, 1984. On Thursday, July 5, Claimant was allowed a personal leave day, and
while he performed no work, Claimant did receive eight hours' compensation for
this day. Claimant was absent from duty, with permission, on Friday, July 6.
Carrier did not allow Claimant holiday pay for the July 4, 1984, holiday. The
Organization filed a claim on Claimant's behalf, contending that Claimant is
entitled to holiday pay for this holiday.
This Board has reviewed the evidence in this case, and we find that
the Carrier wrongfully failed to allow the Claimant holiday pay for July 4,
1984. The Claimant received compensation for the days immediately prior to
and following the holiday. This Board has found on several occasions in the
past that a personal leave day is a workday and is sufficient to qualify for
holiday pay. (See Second Division Award 10033.) Therefore, we must sustain
the claim.
Form 1 Award No. 27020
Page 2 Docket No. MW-26686
88-3-85-3-545
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. e - Executive Secretary
Dated at Chicago, Illinois, this 25th day of April 1988.