Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27752
THIRD DIVISION Docket No. MW-26882
89-3-85-3-658
The Third Division consisted of the regular members and in
addition Referee Elliott H. Goldstein 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 Trackmen
N. E.
Noble and G. R. Broughman holiday pay for Labor Day
(September 3, 1984) (System Dockets CR-1231 and CR-1232).
(2) Because of the aforesaid violation, Trackmen N.
E.
Noble and
G. R. Broughman shall each be allowed eight (8) hours of pay at their respective straight time rates
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.
Claimants N.
E.
Noble and G. R. Brougham establish and hold seniority
as Trackmen in the Track Department on the Columbus Division. Claimant
Brougham was displaced on August 30, 1984, his last work day preceding the
Labor Day holiday. He ultimately displaced a junior employee in Urbana, Ohio
after September 4, 1984.
Claimant Noble was displaced on Tuesday, September 4, 1984. He ultimately displaced a junior emp
September 13, 1984.
Both Claimants request eight (8) hours holiday pay for Labor Day,
September 3, 1984.
Form 1 Award No. 27752
Page 2 Docket No. MW-26882
89-3-85-3-658
The only issue before this Board is whether both Claimants met the
qualifying requirements of the Holiday Pay Rule. We conclude that Claimant
Brougham did not and Claimant Noble did qualify.
Claimant Noble reported for work Tuesday, September 4, 1984 ready,
willing and able to work only to find that he was displaced just prior to the
starting time of his assignment and was unable to displace prior to the starting time of a position
However, Claimant Brougham cannot be considered as having qualified
for holiday pay because of the irreconcilable information supplied in this
record.
Claim sustained for Claimant Noble, declined for Claimant Brougham.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J.i -'Executive Secretary
Dated at Chicago, Illinois, this 2nd day of March 1989.