PROCEEDINGS BEFORE SPECIAL BOARD of ADJUSTPENT NO. 239
(Clerks? Board, St. Louis, Missouri)
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILT'JAY AND STEAPLSHIP CLERKS, FREIGHT HANDLERS,
EXPRESS AND STATION EMPLOYES
MISSOURI PACIFIC RAILROAD
COMPANY
STATMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Clerks? Agreement when, on November 28, 1957, a
holiday, it failed to utilize R. Leuchtman, incumbent of his Junction and
Train Clerk position, 23rd Street Yard, St. Louis, Missouri, on authorized
overtime work;
(2) Clerk
R.
Leuchtman shall be compensated for eight hours at the punitive
overtime rate of $3.285 per hour, amount $26.28, account CarrierQS violation
of Rule 25(b), Item 3.
OPINION OF
BOARD;
Claim is made by R. Leuchtman, Junction Clerk, 23rd Street, for eight
hours pay for holiday, November 28, 19579 when Carrier blanked his position. The
contention is made that other employes performed claimantps regularly assigned
work on the day in question.
(9e have here another dispute wherein Carrier insists that a holiday is
not an assigned day. This, in turn, prompts the Organization, in support of the
claim, to go to those other Articles of the Agreement that are designed to cover
situations where work is required and performed on an overtime basis.
Carrier had a right to blank claimant Qs position on a recognized holiday
specified in the Agreement and to pay him holiday pay in lieu of working him on one
of his scheduled or assigned work days. It was under no obligation to use the
claimant as long as regular employes entitled to perform the remaining work were
able to absorb it. If it had been necessary to have assistance in the performance
of the work, the Articles of Agreement relied upon by the Organization entitles
the incumbent of the position to the work.
Under the facts and circumstances of record here, however, no work was
performed on the holiday in question that was peculiar to incumbentfs position.
Also, no additional employe was used to perform exclusive work of claimantos
position. His claim is not valid.
i
Award No. 10
FIPDTNGSe
The Board, after oral hearing, and upon the record and all the evidence,
finds and holdss
That the Carrier and Employes involved in this dispute are respectively
Carrier and Employes within the meaning of the Railway Labor Act, as amended;
That jurisdiction over the dispute involved herein has been conferred
upon this Board by special agreement; and,
That the Agreement by and between the parties to this dispute has not
been violated.
AWARD
Claim denied by order of:
SPECIAL BOARD OF ADJUSTMENT N0. 239
/s/ A. Lang-ley Coffee
A. Langley Coffey, Chairman
/s/ F. E. Griese
F. E. Griese, Employer Member
/s/ Ira F. Thomas
Ira F. Thomas, Employe Member
Dated at St. Louis, Missouri,
this 30th day of June, 1959.
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