BRAC File: 18.24 (3)


                    PUBLIC LAW BOARD N0. 1366


Parties to Brotherhood of Railway, Airline and Steamship Clerks,
 Dispute: Freight Handlers, Express and Station Employes

                        VS.


          Seaboard Coast Line Railroad Company


Claim: "1. Carrier violated the Agreement between the two parties
 when it failed to properly compensate Mr. H. L. Browder
 for work performed on October 27, 1975, a legal holiday.
 "2. Carrier shall now be required to compensate H. L. Browder
 eight (8) hours at time and one-half rate for this viola
 tion. This in addition to the eight (8) hours at straight
 time already received by claimant for work performed on
 this date."
 Opinion of
 Board: V Claimant, a vacation relief Clerk, relieved the monthly rated
 Agent for six days., Claim is for eight hours at time and one-half
 for work on October 27, 1975, the Claimant's Birthday-Holiday.
 Carrier maintains that the Agent's position is monthly rated
 and one which encompasses any holiday compensation or pay for
 service performed on the holiday, i.e., if the regular monthly
 rated agent worked his birthday he would not receive extra compen
 sation.
 The issue before this Board is when does a relief or temporary
 employee become in every way the counterpart of the regular occupant
 of the monthly rated position.
 In similar cases: Third Division, '3RAk Award 7421, Sustained,
 Claimant worked the excepted position one day; Award 7429, Sustained,
 Claimant worked the excepted position one day; Award 3444, Sustained,
 Claimant worked the position eight days; Award 11034, Denied,
 Claimant worked the position one day during the work week.
 We find that filling of a monthly rated position on a temporary
 one to four day basis during the absence of the incumbent does not
 exclude the hourly or daily rated employer from extra compensation
 for a service performed on the holiday. However, after completion
 of a work week on the monthly rated position the applicable rate
 shall encompass holiday pav.
 Findings of
 Board:--- The Agreement was not violated.
 page 2 .
 Case b:'). 124 -
 Award No. 124
 Award: Claim denied. - .
 , i
            Signed at Jacksonville, Florida, thisWI`iday of 6. ~ ` ;61979 .


                            s

                            /,John B. Ctiswe 1, Neutral Member


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                            M

                            R, I. Ch stian, Carrier Member


                              -7'""


                            S. G. Bishop, Organization Member


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