NOTE: This rule does not disturb agreements or practices now in effect under which any other day is substituted or observed in place of any of the above enumerated holidays. Section 2. 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 work days immediately preceding and followng 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 work week, the first work day following his rest days shall be considered the work day immediately following. If the holiday falls on the first work day of his work week, the last work day of the preceding work week shall be considered the work day immediately preceding the holiday. All others for whom holiday pay is provided in Section 1 hereof shall qualify for such holiday pay if on the work day preceding and the work day following the holiday they satisfy one or the other of the following conditions: (i) Compensation for service paid by the carrier is credited; or (ii) Such employe is available for service. NOTE: 'Available' as used in subsection (ii) above is interpreted by the parties to mean that an employe is available unless he lays off of his own accord or does not respond to a call, pursuant to the rules of the applicable agreement, for service. For the purposes of Section 1, the work week for other than regularly assigned employes shall be Monday to Friday, both days inclusive, except that such employes who are relieving regularly assigned employes on the same assignment on both the work day preceding and the work day following the holiday will have the work week of the incumbent of the assigned position and will be subject to the same qualifying requirements respecting service and availability on the work days preceding and following the holiday as apply to the employe whom he is relieving. For other than regularly assigned employes, whose hypothetical work week is Monday to Friday, both days inclusive, if the holiday falls on Friday, Monday of the succeeding week shall be considered the work day immediately following. If the holiday falls on Monday, Friday of the preceding week shall be considered the work day immediately preceding the holiday. Compensation paid under sick-leave rules or practices will not be considered as compensation for purposes of this rule. (c). Any employe starting to work in advance of midnight on a day previous to a holiday or his rest days, shall be paid at the straight time rate for all time worked on that shift. Any employe starting to work in advance of midnight on a holiday or his rest days shall be paid at the rate of time and one-half for all time worked on that shift." Rule 14 (Reduction of Forces) reads as follows: "(a). When it becomes necessary to reduce expenses, the force at any point or in any department or sub-division thereof shall be reduced, seniority to govern, except that if at any point it is deemed advisable through local negotiations to decrease the hours instead of the force, such exception is permissible. The combined roster of each craft shall be used in making reduction or restoration of force in that craft. An employe laid off in reduction of force must promptly inform the proper authority of the Company of any change in address and refile his address during December of each year. An employe failing to file or refile his address as provided herein, or to return to the service within seven (7) calendar days after being notified to do so, by mail or telegram sent to the last address filed, or to give satisfactory reason for not doing so, shall be considered out of the service and his name shall be removed from the roster or rosters. In the restoration of forces, senior laid-off men will be given preference of re-employment, if available, and shall be returned to their former position. After making a restoration of forces in accordance with the combined rosters, the assignment of mechanics' positions shall be made in the order of their seniority on the mechanics' rosters. In reducing forces the ratio of apprentices will be retained providing that this number need not be in excess of 20% of the mechanics at the apprentice point. INTERPRETATION Whenever any position is discontinued, the employe holding such position may exercise his seniority rights and take the position of any employe junior to him on his seniority roster, and the employe thus displaced may exercise his seniority rights in the same manner. As soon as any position has been reestablished, the employe originally holding such position will revert to it, (providing he is entitled to work at this time) and will continue to hold it until such time as he may be displaced by a senior employe whose position has been discontinued. This paragraph is applicable when employes are furloughed and does not apply to transfers. If an employe displaces a junior employe under this rule (14) and fails to qualify for the new position, he will only be entitled to take whatever position may be open in his craft. EXAMPLES The force in a blacksmith shop consists of the following: Foreman — A, who stands No. 2 on blacksmith seniority roster Hammersmith-B, who stands No. 3 on blacksmith seniority roster Heavy-fire Blacksmith-C, who stands No. 1 on blacksmith seniority roster Blacksmith D, who stands No. 4 on blacksmith seniority roster. 1. If the heavy fire is discontinued, C can take the position of D, who is laid off, or he can take the position of B, who, in turn, may take the position of D. 2. If the hammer work is discontinued, B can take the position of D, who is laid off. 3. If the ordinary fire is discontinued, D will be laid off and no other changes made. 4. If the position of foreman is discontinued, and A does not hold a place on the blacksmith seniority roster, he cannot displace any one and no further changes are necessary. 5. If the position of foreman is discontinued and A holds a place on the blacksmith seniority roster, A may displace either B or D; if he displaces D, no other changes are made; if he displaces B, then B may, in turn, displace D, who is laid off. In this example, if A takes the position of B and B takes the position of D, who is laid off; later, if the position of foreman formerly occupied by A is reestablished, but A is not given the position; in this event, as the position itself is reestablished, it will take away from A his right to the position of B and B will revert to the original position and A will have to take the position of D. (b). In making reduction of force, exception will be made of those employes, who, by experience or training have developed particular qualification for special jobs, through mutual agreement between management and committee. (c). If the force is to be reduced, five (5) working days' advance notice will be given the men affected before reduction is made and lists will be furnished the local committee. Effective November 1, 1954, this rule (14(c)) shall not require more than sixteen (16) hours' advance notice before abolishing positions or making force reductions under emergency conditions such as flood, snow storm, hurricane, earthquake, fire or strike, provided the Company's operations are suspended in whole or in part and provided further that because of such emergency the work which would be performed by the incumbents of the positions to be abolished or the work which would be performed by the employes involved in the force reductions no longer exists or cannot be performed. (d). Employes laid off on account of reduction in force, who desire to seek employment elsewhere, will, upon application, be furnished with a pass to any point desired on the home railroad subject to Federal and State laws on the subject. (e). When reducing forces, if men are needed at any other point, they will be given preference to transfer to nearest point, with privilege of returning to home station when force is increased, such transfer to be made without expense to the company, seniority at home station to be retained. (f). The Company shall have the right to use furloughed employes to perform relief work on regular positions during absence of regular occupants, provided such employes have signified in the manner provided in paragraph 2 hereof their desire to be so used. It is understood that the management retains the right to use the regular employe, rather than call a furloughed employe. It is also understood that the management shall be the judge as to whether or not a vacancy shall be filled. Furloughed employes desiring to be considered available to perform relief work will notify the proper officer of the Company in writing, with copy to the local chairman, that they will be available and desire to be used for such work. A furloughed employe may withdraw his written notice of willingness to perform such work at any time before being called for such service, by giving written notice to that effect to the proper Company officer, with copy to the local chairman. If such employe should again desire to be considered available for such service, notice to that effect as outlined hereinabove must again be given in writing. Furloughed employes who would not at all times be available for such service will not be considered available for relief work under the provisions of this rule. Furloughed employes so used will not be subject to the provisions of section (c) of this rule (14) which requires five (5) working days' advance notice in reduction of force. Furloughed employes who have indicated their desire to participate in such relief work will be called in seniority order for this service. NOTE 1: Employes who are on approved leave of absence will not be considered furloughed employes for purposes of this Agreement. NOTE 2: Furloughed employes shall in no manner be considered to have waived their rights to a regular assignment when opportunity therefor arises." The claims were denied by former District Car Foreman H. J. Diefenderfer and were subsequently appealed by General Chairman J. A. Klimtzak through all levels of appeal up to and including Vice President R. D. Lake, the highest officer designated by the carrier to handle disputes, on the basis that the claimants had qualified for holiday pay, May 30, 1963, by having complied with the provisions of rule 8(b). Upon appeal of the claims to Vice President R. D. Lake, General Chairman J. A. Klimtzak also contended that the carrier had violated the provisions of rule 53 (Time Limit on Claims). The claims were denied in writing at each of these levels of appeal on the basis that claimants had failed to qualify for holiday pay by not having complied with the provisions of rule 14(f) as one of the prerequisites to receiving holiday pay. At conferences with Vice President R. D. Lake, the allegation that carrier had violated the provisions of rule 53 was also denied in writing. The Brotherhood Railway Carmen of America is, under the Railway Labor Act, the duly authorized bargaining agent of the class or craft of carmen. There is an agreement in effect between this carrier and System Federation No. 57, Railway Employes' Department of the American Federation of Labor, Mechanical Section, effective July 1, 1921, as revised by negotiations to and including July 14, 1955, governing rates of pay, rules and working conditions, copy of which is on file with the Second Division of the National Railroad Adjustment Board and is hereby referred to and made a part of this dispute. POSITION OF CARRIER: The carrier will base its position on the following principal points: 1. THE CARRIER DID NOT VIOLATE THE PROVISIONS OF 2. THE CLAIMANTS INVOLVED IN THIS CASE FAILED TO COMPLY WITH THE PROVISIONS OF RULE 14(f) (REDUCTION OF FORCES) AND WERE, THEREFORE, NOT AVAILABLE FOR SERVICE FROM MAY 26, 1963 THROUGH JUNE 19, 1963, AND DID NOT QUALIFY FOR HOLIDAY PAY ON DECORATION DAY, MAY 30, 1963, UNDER THE PROVISIONS OF RULE 8(b) (REST DAY AND HOLIDAY WORK). 3. IN ADDITION, THE POSITION OF GENERAL CHAIRMAN Each of these principal points will be discussed in the order set forth above. 1. THE CARRIER DID NOT VIOLATE THE PROVISIONS |