Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27338
THIRD DIVISION Docket No. CL-26748
88-3-85-3-758
The Third Division consisted of the regular members and in
addition Referee Martin
F. Scheinman when
award was rendered.
(Brotherhood of
Railway,
Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Terminal Railroad Association of St. Louis
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10063) that:
1. Carrier violated the Clerks' Rules Agreement between the parties
when it refused holiday pay to Mrs. M. L. Volner for December 25, 1984.
2. Carrier's action is in violation of the National Holiday Agreement of August 21, 1954, as ame
24, 1968, and February 25, 1971; Article II, Section 2(a) of said agreement.
3. Carrier shall now be required to compensate Claimant Volner for
eight (8) hours at the pro rata rate of Crew Clerk $95.27 representing the
holiday for December 25, 1984."
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.
The relevant facts of this claim are not in dispute. In December
1984, Claimant was employed as a Crew Clerk assigned to the second shift.
Claimant worked that shift on December 23, 1984. She did not work it on
December 24, 1984. As a result, Carrier decided not to pay Claimant holiday
pay for Christmas, December 25, 1984.
The Organization timely grieved Carrier's action. Carrier rejected
the claim. Thereafter, the dispute was handled in the usual manner on the
property. It is now before this Board for adjudication.
Form 1 Award No. 27338
Page 2 Docket No. CL-26748
88-3-85-3-758
The parties have now stipulated that Claimant was not, in fact laid
off on December 24, 1984. Instead, she asked for December 24, 1984 off and
received permission to be off from work that day. Thus, consistent with
Article II, Section 2(a) of the Agreement, Claimant was entitled to be paid
for December 25, 1984, since she "otherwise would be assigned to work" that
day. Therefore, it is clear that the claim must be sustained.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
Nancy Jje~er - Executive Secretary
Dated at Chicago, Illinois, this 30th day of August 1988.