Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29043
THIRD DIVISION Docket No. MW-28870
91-3-89-3-271
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. 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. W. Martinez holiday pay on each date of December 31, 1987 and
January 1, 1988 representing the New Year's Eve and New Year's Day holidays
(System Docket CR-3724).
(2) As a consequence of the aforesaid violation, Mr. W. Martinez
shall be allowed sixteen (16) hours of pay at the welder's rate in effect on
the claim dates."
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 Claimant, a regularly assigned Welder, was timely notified that
his Welder position would be abolished effective at the end of his tour of
duty on Wednesday, December 30, 1987. He observed the holidays on New Year's
Eve, Thursday, December 31, 1987, and New Year's Day, Friday, January 1, 1988.
Claimant, on Monday, January 4, 1988, made a good faith effort to exercise his
seniority, but because of lack of information available to him was left to
search out a junior employee. Claimant did find someone whom he could displace, but it was after the
to displace. Under the circumstances in this particular case, Claimant made a
good faith effort to displace on January 4. He should not be penalized for
lack of information as to whom and where to displace.
Form 1 Award No. 29043
Page 2 Docket No. MW-28870
91-3-89-3-271
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
C/
'Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of November 1991.