SPECTAL BOARD OF ADJUSTMENT N0.
279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COME4NY
STATEMENT
OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement by failing to
allow
8
hours' pay to B&B Carpenter B. R. Whitehead as a
holiday allowance for January
2, 1959.
(2)
The Carrier further violated the Agreement by failing to
allow Carpenter B. R. Whitehead to work on Monday, January
5,
1959,
in B&B Gang No.
2.
(3) The Carrier now compensate B&B Carpenter B. R. Whitehead
for
8
hours at the straight time rate of pay for January
2
and
8
hours' pay at the straight time rate of pay for
January
5, 1959,
a total of 16 hours account of the
referred to violation of the Agreement.
FINDINGS: The displacement of claimant by a senior employe, effective January
5,
1959,
resulted in loss of holiday pay because he did not have earnings
credited on the work day after the holiday. There is no rule requiring notice of
displacement within any particular time, and since his failure to work on January
5
was the result of the operation of seniority rules, there is no valid basis for the
claim.
AWARD: Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0.
279
(s) Dudley E. Whiting
Dudley E. Whiting - Chairman
(s) A. J. Cunningham _ (s) G. W. Johnson
A. J. Cunningham - Employe Member G. W. Johnson - Carrier Member
St. Louis, Missouri
September
7, 1962
File BMWE
2-59