SPECIAL BOARD OF ADJUSTMENT N0. 605
PARTIES ) Hotel and Restaurant Employees and Bartenders International Union
TO ) and
DISPUTE) St. Louis-San Francisco Railway Company
QUESTION
AT ISSUE: The question at issue is in determining whether furloughed employee
meets the requirements for protection under Article I, Section 1, of
the Agreement, what constitutes a day's work for monthly-rated
employees within the meaning of the Agreement, it being the position
of our Organization that each eight (8) hours worked or paid for
constitutes a day's work.
OPINION
OF BOARD: This dispute raises the question of whether, in the determination of the
"active service" requirement of Article I, Section 1, a formula based on
the number of hours worked may be utilized.
Article I, Section 1 includes in the definition of "active service"
those furloughed employes who "have averaged at least 7 days work for
each month furloughed during the year 1964."
The November 24, 1964, Interpretations relating to Article I, Section 1
provide a formula for determining "active service" as follows:
"The total number of days an employe performs service
during months in 1964 in which such employe is furloughed
during the entire month should be divided by the total
number of such months (irrespective of whether the days of
service and the months of furlough in 1964 precede or
follow October 1, 1964) and if the quotient of this calculation is seven (7) days or more the employe shall be
considered to have been in 'active service' on October 1,
1964."
Given the unique nature of the work periods of dining car employes, it
would be both unrealistic and unfair to calculate their eligibility on
a calendar day basis. It is clear from the reading of the Interpretations that the unique status of dining car employes was not taken
into account.
On t-he basis of the record herein, it, is clear that claimant wells was
not protected. Hours of vacation pay may not be applied. With respect
to Claimant Durr, he was a protected employe until his retirement.
AWARD
The answer to the Question at Issue is that hours worked may be used for
dining car employes to determine "active service" qualification under
Article I, Section 1 of the Agreement.
Dated: Washington, D. C.
July 27, 1972 ' Nicholas H. Zumas, utral Member