Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27658
THIRD DIVISION Docket No. MW-27110
88-3-86-3-167
The Third Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
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 Mr. T. A. Hollobaugh holiday pay for the 1984 Thanksgiving Holidays
(November 22 and 23, 1984) (System Docket CR-1387).
(2) The claimant shall be allowed sixteen (16) 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.
The issue at bar is holiday pay. Claimant worked at Cherry Tree
until November 21, 1984, and then was on vacation from November 26 until
November 30, 1984. Claimant's gang was abolished on November 30, 1984.
Claimant returned from vacation on December 3, 1984, and found that his gang
was abolished. On the following day he exercised his rights at Reynoldsville.
The Organization representative argues that the signature requirement
of Circular No. 1 has not been met. The Board finds that under Circular No. 1
the submission "must be signed by the parties" and that it meets the requirements therein having a t
Division Award 23170).
Form 1 Award No. 27658
Page 2 Docket No. MW-27110
88-3-86-3-167
On merits, the organization argues that Claimant reported to his last
assigned headquarters at Cherry Tree and therefore qualified for holiday pay
under Rule 14(11) as he was "available" for service. It further asserts that
Claimant was not notified of the abolishment and could therefore not make an
immediate displacement as the nearest remaining gang was at Reynoldsville.
The Carrier argues that it complied with the Rules of the Agreement.
The Claimant was on vacation when the gang was notified of the abolishment.
Rule 6 was fully complied with and it makes no provisions for the instant
circumstance. Under Rule 14, Claimant was required to work the day preceding
and following the holiday to be paid for the holiday. The first work day
following the holiday was December 3, 1984. Claimant did not make a displacement and work on that da
holiday pay.
A careful review of the record forces this Board to find for the
Carrier. New arguments raised in Ex Parte Submission by the Organization are
not considered. The Board cannot create an interpretation by its Award which
creates outcomes not stated in the language of the Agreement. Rule 6 was
complied with, as was Rule 14. We find no violation of the Agreement as
written and therefore must deny the Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy ~2ver - Executive Secretary
Dated at Chicago(, Illinois, this 16th day of December 1988.