Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32164
Docket No. CL-32637
97-3-95-3-568
The Third Division consisted
of
the regular members and in addition Referee
Elizabeth C. Wesman when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Seaboard Coast
( Line Railroad Company)
STATEMENT OF CLAIM:
"Claim
of
the System Committee
of
the Organization (GL-11181) that:
1. Carrier violated the Agreement on Wednesday, June 22, 1994, and
again on Wednesday, June 29, 1994, when it denied Claimant
compensation due him while observing vacation.
2. Because
of
the aforementioned violation, the CSX Transportation
shall now be required to compensate Claimant M. L. Medlin, ID No.
137782, one (1) hour at the overtime rate for each day, June 12 and
29, 1994, the amount
of
overtime his position worked while
Claimant was on vacation."
FINDINGS:
The Third Division
of
the Adjustment Board, upon the whole record and ail the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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.
Form 1 Award No. 32164
Page 2 Docket No. CL-32637
97-3-95-3-568
Parties to said dispute were given due notice of bearing thereon.
At issue in this case is application of Addendum No. 3 - Vacation Provisions.
Section 6, of the Agreement between the Parties. That Section reads as follows:
"Allowances for each day for which an employee is entitled to a
vacation with pay will be calculated on the following basis:
(a) An employee having a regular assignment will be paid
while on vacation the daily compensation paid by the
Carrier for such assignment.
(b) An employee paid a daily rate to cover all services
rendered, including overtime, shall have no deduction
made from his established daily rate on account of
vacation allowances made pursuant to this agreement.
(c) An employee not covered by paragraph (a) or (b) of
this section will be paid on the basis of the average
daily straight-time compensation earned in the 1st pay
period preceding the vacation during which he
performed service."
The instant dispute arose at Carrier's Wilmington, North Carolina, Terminal
where Claimant was assigned to Relief Position No. R01, which relieved Position No. 203
on Wednesday and Thursday, working the hours of 6:00 P.M. to 2:00 A.M. Claimant
started his assigned vacation on June 19, 1994, and remained on vacation through June
30, 1994. On June 22 and 29, 1994, Position No. 203 worked one hour overtime each
day. When Claimant returned from vacation, he filed a Form 6490, claiming one hour
overtime for June 22 and 29, 1994, due to his relief position working overtime while he
was on vacation. The claim was denied by his Supervisor as "invalid." A formal claim
was filed and subsequently progressed in the usual manner.
At the crux of this dispute is whether the overtime in question was a normal part
of Claimant's assignment or simply "casual or unassigned." Unrefuted evidence on this
record demonstrates that, following the elimination of one shift, employees working
Position No. 203 were informed by Carrier that they were to remain on duty, even if it
Form 1 Award No. 32164
Page 3 Docket No. CL-32637
97-3-95-3-568
meant they would work overtime, until their work was completed. The same matter was
placed before the Board in Third Division Award 30025. In that instance the Board
found as follows:
"If the ...overtime was a part of the assignment, the
vacationing employee is entitled to have it included within his
vacation compensation by reason of the language of the 1941
Interpretation to the National Vacation Agreement .... The
evidence in this record supports a conclusion that the
position ...regularly worked overtime .... In fact this
contention by the Organization has not been refuted by
Carrier."
The findings in that case are precisely on point with the present one. Accordingly, the
instant claim is sustained.
Bp
Claim sustained.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 13th day of August 1997.