full work-day required by the carrier. It is therefore apparent he has disqualified himself from receiving the holiday pay. Carrier affirmatively states that all data in connection with this matter has been presented to representatives of the organization. FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:, The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934. This Division of the Adjustment Board has jurisdiction over the dispute involved herein. Parties to said dispute waived right of appearance at hearing thereon. This is claim for holiday pay for Christmas Day, December 25, 1963. The facts, which are not in dispute, are that claimant, a Carman, worked two hours on December 24, 1963, the day preceding the holiday, and he worked the full day on December 26, 1963, the day following the holiday. The issue as to whether or not claimant met the "compensation paid him by Carrier is credited to the workdays immediately preceding and following such holiday" requirement of Section 3, Article III of August 19, 1960 Agreement was decided in Award 5126, and inasmuch as said award is controlling in this instant case, we will sustain this claim. Claim sustained. AWARD NATIONAL RAILROAD ADJUSTMENT BOARD ATTEST: Charles C. McCarthy Executive Secretary Dated at Chicago, Illinois, this 31st day of March, 1967. Keenan Printing Co., Chicago, Ill. Printed in U.S.A. The Second Division consisted of the regular members and in PARTIES TO DISPUTE: SYSTEM FEDERATION NO. 57, RAILWAY EMPLOYES' DEPARTMENT, AFL-CIO (Carmen) DETROIT, TOLEDO AND IRONTON RAILROAD COMPANY DISPUTE: CLAIM OF EMPLOYES: 1. That under the controlling agreement the Carrier improperly denied Carmen H. Herndon and W. E. Grube compensation for Christmas Day, December 25, 1963. 2. That accordingly, the Carrier be ordered to compensate Carmen H. Herndon and W. E. Grube in the amount of (8) hours at the pro rata hourly rate for the aforenamed holiday. EMPLOYES' STATEMENT OF FACTS: Carmen H. Herndon and W. E. Grube, hereinafter referred to as the claimants, are regularly employed by the Detroit, Toledo & Ironton Railroad Company, hereinafter referred to as the carrier, at Rouge Yard, Dearborn, Michigan. Claimants were regularly assigned to a work week of Monday through Friday, with Saturday and Sundays as rest days, first shift, from 8 A. M. to 4 P. M. at Rouge Yard, Dearborn, Michigan. On Tuesday, December 24, 1963, claimants reported for work at 8:00 A. M. and worked a full eight (8) hour shift. On Thursday, December 26, 1963, claimants reported at 8:00 A. M. Claimant Grube worked one and one-half (12) hours and Claimant Herndon worked one-half (2) hour. Accordingly, claimants had compensation paid them by the carrier credited to the work days immediately preceding and following the holiday, Christmas Day, December 25, 1963, which fell on Wednesday, a work day of the claimants' work week. Carrier has refused to compensate the claimants for the holiday, because they did not work a full eight (8) hour shift on Thursday, December 26, 1963. This dispute has been handled with the carrier up to and including the highest designated officer of the carrier, with the result that he declined to adjust it. The agreement effective November 16, 1947, (Revised September 1, 1949) as subsequently amended is controlling. POSITION OF EMPLOYES: It is respectfully submitted that the carrier erred when it failed to compensate the claimants holiday pay for Christmas Day, December 25, 1963. Article III of the August 19, 1960 agreement, as it applies to regularly assigned employes, reads in pertinent part: "ARTICLE III. HOLIDAYS Article II, Sections 1 and 3 of the Agreement of August 21, 1954, are hereby amended, effective July 1, 1960, to read as follows: Section 1. Subject to the qualifying requirements applicable to regularly assigned employes contained in Section 3 hereof, each regularly assigned hourly and daily rated employe shall receive eight hours' pay at the pro rata hourly rate of the position to which assigned for each of the following enumerated holidays when such holiday falls on a workday of the workweek of the individual employe: New Year's Day Fourth of July 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 or if the employe is not assigned to work but is available for service on such days. If the holiday falls on the last day of a regularly assigned employe's workweek, the first workday following his rest days shall be considered the workday immediately following. If the holiday falls on the first workday of his workweek, the last workday of the preceding workweek shall be considered the workday immediately preceding the holiday." (Emphasis ours.) and there can be no question but what claimants met the requirements of the rule to qualify for eight (8) hours' pay for the holiday. Claimants were regularly assigned. The holiday fell on a work day of their work week and they had compensation paid them by the carrier credited to the work days immediately preceding and following the holiday. There is nothing contained in the agreement which requires an employe to work a full eight (8) hour shift on either the work day immediately preceding the holiday or the work day immediately following the holiday. 糖 |