Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33993
Docket No. CL-34659
00-3-98-3-325
The Third Division consisted
of
the regular members and in addition Referee
Edwin H. Benn 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-12031) that:
1. Carrier violated the Clerical Agreement by denying Clerk S. Y.
Burney holiday pay for December 31, 1996 (New Year's Eve
Day), and January 1, 1997 (New Year's Day).
2. As a consequence, Carrier shall now be required to compensate
Clerk Burney $144.91 per day plus interest for the above days
mentioned."
FINDINGS:
The Third Division
of
the Adjustment Board, upon the whole record and all 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.
Parties to said dispute were given due notice
of
hearing thereon.
Form 1
Page 2
Award No. 33993
Docket No. CL-34659
00-3-98-3-325
The Claimant was assigned Monday through Friday as a Customer Associate in
the Customer Billing Office in Jacksonville, Florida. This claim was filed based on the
contention Rule 26 was violated when the Claimant did not receive holiday pay for
December 31, 1996 and January 1, 1997.
Under the unique facts and circumstances presented in the on-property record
developed in this case, the Board finds that the Organization met its burden to
demonstrate that the Claimant was entitled to holiday pay.
The Claimant shall therefore be paid for the holidays.
The Organization also requests interest on the payment for the days involved.
That request is denied. The Board concurs with the Carrier's position that there is no
Rule support for such relief.
AWARD
Claim sustained in accordance with the Findings.
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 19th day of April, 2000.