Award No. 5126 Docket No. 4481 2-GN-CM-'67 NATIONAL RAILROAD ADJUSTMENT BOARD SECOND DIVISION The Second Division consisted of the regular members and in PARTIES TO DISPUTE: SYSTEM FEDERATION NO. 101, RAILWAY EMPLOYES' DEPARTMENT, AFL-CIO (Carmen) GREAT NORTHERN RAILWAY COMPANY DISPUTE: CLAIM OF EMPLOYES: 1. That the current agreement was violated when the Carrier failed to compensate Carman Helper Dan F. Anderson Holiday Pay for New Year's Day, January 1, 1962, and 2. That accordingly, the Carrier be ordered to compensate Carman Helper Dan Anderson in the amount of eight hours, at the straight time rate of pay, because of said violation. EMPLOYES' STATEMENT OF FACTS: Carman Helper Dan F. Anderson, hereinafter referred to as the claimant, is employed by the Great Northern Railway Company, hereinafter referred to as the carrier, at its St. Cloud Car Shops, St. Cloud, Minnesota, Monday through Friday, with assigned hours of duty from 8:00 A. M. to 4:30 P. M.-thirty minutes for lunch. The claimant was a regularly assigned employe, had compensation credited to the work day preceding the holiday, December 29, 1961. On January 2, 1962, the claimant reported for work. Approximately 45 minutes after reporting for work the claimant became ill and checked out for the remainder of that day. A time slip was made out for the 45 minutes worked and the claimant was compensated for same. Upon returning to work the following day the claimant's time slip for holiday pay was returned to him unsigned. Claim was initiated by the local chairman on January 4, 1962. Claim was denied by the General Foreman on January 4, 1962 with the "Am hereby returning Dan F. Anderson's time card for Paid Holiday of 1-1-62 unsigned on account of not working 4 hours as stated in letter received from St. Paul office." This claim was subsequently appealed to all officers of the carrier designated to handle such disputes, including the highest designated officer of the carrier, all of whom declined to make satisfactory adjustment. The agreement effective September 1, 1949, as subsequently amended, is controlling. POSITION OF EMPLOYES: It is respectfully submitted that the only issue in dispute between the parties is whether the claimant must work a specified amount of time on the days preceding and following a holiday for him to qualify for holiday pay. It is further submitted that under the clear and specific provisions of article III, section 3 of the August 19, 1960 agreement reading in pertinent part: "Section 3. A regularly assigned employe shall qualify for the holiday pay provided in Section 1 hereof if compensation paid him by the carrier is credited to the workdays immediately preceding and following such holiday. . . .” Claimant met the requirements of this part of the agreement requisite to receiving eight (8) hours pro rata compensation for the holiday, January 1, 1962 as he was compensated on both the day preceding and the day following the holiday as substantiated by Shop Superintendent Snyder's letter of January 12, 1962, wherein he states: "Mr. Anderson worked 8 hours on work day preceding holiday (Dec. 29, 1961) and 45 minutes on work day following holiday Jan. 2, 1962." It should be noted that Superintendent Snyder is the highest designated local officer supervising the Claimant. As the claimant has met all the requirements of this agreement requisite to receiving eight (8) hours pro rata compensation for the holiday, January 1, 1962, including being compensated on the work day immediately preceding and the work day immediately following the holiday, we respectfully request the honorable members of this board to sustain the employes' statement of claim in whole. Carrier contends that the claimant must work at least four hours to qualify for the holiday pay but when questioned as to where in the agreement this requirement was stated carrier failed to find any such requirement as there is none. Accordingly its failure to compensate the Claimant's Holiday Pay for New Year's Day, January 1, 1962 is untenable and the honorable members of this division are respectfully requested to so find. All matters herein referred to in support of the employes' position have been the subject of correspondence or discussion with the Management. |