Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27757
THIRD DIVISION Docket No. MW-27086
89-3-86-3-142
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 Messrs. R. Hodle, B. Margavage and B. Davis holiday pay for the 1984
Thanksgiving holidays (November 22 and 23, 1984) (System Dockets CR-1405,
CR-1406 and CR-1404).
(2) Mr. R. Hodle shall be allowed sixteen (16) hours of pay at the
Class 2 Machine Operator's straight time rate, Mr. B. Margavage shall be
allowed sixteen (16) hours of pay at the foreman's straight time rate and Mr.
B. Davis shall be allowed sixteen (16) hours of pay at the trackman's straight
time rate because of the violation referred to in Part (1) above."
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 have established and hold seniority in the Track Department. Claimant Hodle was regula
to the time the instant dispute arose. He worked on November 21, 1984, and
observed Thursday and Friday, November 22 and 23 as Thanksgiving holidays.
He commenced his assigned vacation on the following Monday, November 26, 1984.
Upon his return to work on Monday, December 3, 1984, he learned that his
regularly assigned position had been abolished, effective November 30, 1984.
Claimant Hodle invoked his seniority rights under Rule 4 and displaced a
junior employee on December 5, 1984.
Claimant Margavage was also regularly assigned to the Mt. Pocono
Gang. He performed work on Friday, November 16, 1984 and commenced his
assigned vacation on Monday, November 19, 1984. He reported back for work on
Form 1 Award No. 27757
Page 2 Docket No. MW-27086
89-3-86-3-142
Monday, December 3, 1984 and learned that his regularly assigned position had
been abolished, effective November 30, 1984. Claimant Margavage exercised his
seniority by displacing a junior employee on December 5, 1984.
Claimant Davis held a regularly assigned position at Phillipsburg,
New Jersey. He worked on Friday, November 16, 1984, and commenced his
assigned vacation on Monday, November 19, 1984. When he returned to work
Monday, December 3, 1984, he learned that his position had been abolished,
effective November 30, 1984. Claimant Davis exercised his seniority on
December 5, 1984.
All three Claimants seek holiday pay for November 22 and 23, 1984,
the Thanksgiving holidays. The only question to be resolved is whether each
claimant was "available" for work on the first qualifying work day following
the holiday. We conclude that each was available. This conclusion is based
upon the fact that each claimant had no prior knowledge that their respective
positions were to be abolished during their respective scheduled vacations and
each reported for work, ready to protect their assignments only to find they
had no assignment to protect nor were they able to displace prior to the
starting time of a position occupied by a junior employee at another location.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
r
i
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 2nd day of March 1989.