Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28514
THIRD DIVISION Docket No. MW-27124
90-3-86-3-178
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:
(Union Pacific Railroad Company
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. D. N. VanDyke and J. J. Gonzales holiday pay for November 22 and
23, 1984 (Thanksgiving holidays) (System File M-113/013-210-44).
(2) Because of the aforesaid violation, the claimants shall each be
allowed sixteen (16) 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.
The underlying facts precipitating the instant Claim are not in dispute. The employees of System
three Saturdays at straight time, i.e., October 27, November 3 and 10, 1984,
in lieu of November 19, 20, 21 so that they would have an extended Thanksgiving holiday. Thanksgivin
railroad employees who qualified were given November 22 and November 23, 1984,
off as holidays.
For reasons not made clear on this record, permission was granted to
work only one Saturday - November 17, 1984 - in lieu of Wednesday, November
21, 1984. As a result, the employees on Gang 7832 had Wednesday, November 21
through Sunday, November 25 off in conjunction with the aforementioned Thanksgiving holiday.
Section 3 of the National Non-Operating Holiday Agreement states:
Form 1 Award No. 28514
Page 2 Docket No. MW-27124
90-3-86-3-178
"Section 3. A regularly assignei employee shall
qualify for the holiday pay prc:ided in Section
1 hereof if compensation paid him by the carrier
is credited to the workdays immediately preceding
and following such holidays or if the employee is
not assigned to work but is available for service
on such days. If the holiday falls on the last day
of a regularly assigned employee's workweek, the
first workday following his rest days shall be con
sidered the workday immediately following. If the
holiday falls on the first workday of his workweek,
the last workday of the preceding workweek shall be
considered the workday immediately preceding the
holiday."
Carrier contends that while thirty-six members of the Gang were considered qualified for holiday
based on their having performed compensated service on Tuesday, November 20
and Monday, November 26, 1984, Claimants, by contrast, were absent without
authority and did not work Tuesday, November 20, 1984. Since Claimants did
not work on the workday immediately preceding the holiday, Carrier argues that
it properly denied them holiday pay.
The Organization contends that the "workday immediately preceding the
holiday" was Wednesday, November 21, 1984, and that since Claimants, as well
as other employees in the Gang worked Saturday, November 17, with compensation
credited to Wednesday, they should have received holiday pay. Essentially,
the Organization maintains that the express language of Section 3 provides for
the payment of holiday pay in this case, since the Claimants were paid compensation credited to the
We do not find the Organization position persuasive. The Claimants
did not qualify under the provisions of Section 3 and the Organization, we
believe, is in error in contending Claimants met the qualifying requirements
when they worked Saturday, November 17, 1984. When Claimants, as well as
other members of the Gang, agreed to work that Saturday instead of Wednesday,
November 21, they switched their schedule so that Saturday, which ordinarily
would have been a rest day, became a workday instead. By the same token,
Wednesday, November 21, 1984, became a rest day by virtue of this schedule
change. There is no evidence that compensation for hours worked that Saturday
was credited to Wednesday. Therefore, it was incumbent upon the Claimants to
report for work on Tuesday, November 20, 1984, in order to satisfy the holiday
qualifying requirements. The Claim must be denied.
A W A R D
Claim denied.
Form 1 Award No. 28514
Page 3 Docket No. MW-27124
90-3-86-3-178
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy ever - Executive Secretary
Dated at Chicago, Illinois, this 28th day of August 1990.