Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27774
THIRD DIVISION Docket No. MW-27107
89-3-86-3-160
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:
(National Railroad Passenger Corporation (Amtrak) -
( Northeast Corridor
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier failed and refused to
allow Mr. J. Cortez eight (8) hours of holiday pay for the personal holiday he
was permitted to observe on August 30, 1984 (System File NEC-BMWE-SD-1138).
(2) Mr. J. Cortez shall be allowed eight (8) hours of pay at his pro
rata rate for the August 30, 1984 personal holiday."
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.
In the facts and circumstances of this case, Claimant was off on
January 4, 1984, for a selected personal holiday. Under Article III of the
April 22, 1982 Agreement, employees are entitled to one such holiday, but must
meet the qualifying terms of compensated workdays before and after the personal holiday as per the H
1984, and was not paid for the personal holiday.
The Organization argues that as Claimant was not paid for January 4,
1984, that day was to be considered as a day of absence. It argued on the
property that a second selected day of August 30, 1984, was later designated
the personal holiday. Carrier's failure to compensate Claimant was a violation of the Agreement.
It is the Carrier's position that August 30, 1984, is not the Claimant's personal holiday. That
under the provisions of Article III of the April 22, 1982 Agreement. Claimant
was due no other personal holiday.
i
Form 1 Award No. 27774
page 2 Docket No. MW-27107
89-3-86-3-160
In the case at bar, the Claimant alleges that he took his personal
holiday in August, with January just a day of absence from work. The Carrier
alleges that Claimant took his personal holiday in January, not August, and
was denied compensation due to violating eligibility requirements. Based on
this record we agree with the Carrier. The Claimant had timely and properly
requested a personal holiday for January 4, 1984, and since he did not meet
the qualifications for the holiday by not working on January S, 1984, he
forfeited pay for his personal holiday. Consequently, he had no contractual
entitlement to subsequently select another date.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 2nd day of March 1989.