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



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.
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                                          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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