Brothers – General Chairman Mike Young’s office kindly provided copy of a recent award of arbitration which addressed an engineer assigned to the guaranteed extra board who requested and was granted a “rest day” who subsequently took two (2) PL Days during the same payroll half.  Because the claimant had taken the PL Days after utilizing the “rest day” option, Carrier deducted one (1) day guarantee for that day on the contention that he gave up the right to take a “rest day” by taking PL Days.  Chairman and Neutral Member Robert O’Brien ruled as follows: 

“”The Carrier reduced the Claimant’s guarantee for the second half of April 2002, by one day.  According to the Carrier, the Claimant forfeited his right to take a rest day without a reduction in his guarantee when he subsequently took two personal leave days during the pay period. 

The Organization contends that the Carrier violated the July 1, 1996 Guaranteed Engineers’ Extra Board Agreement when it reduced the Claimant’s guarantee by one day for the second half of April 2002, and this Board agrees. 

The parties appended several questions and answers to the July 1, 1996 Engineers’ Extra Board Agreement.  Question and Answer #10 provides that: 

Q10  Once a ‘rest day’ is requested and granted, would a subsequent absence within the same pay period result in a reduction in guarantee for the ‘rest day’? 

A10  No, those reductions in guarantee due to layoffs/absences do not apply to ‘rest days’ taken within the constraints of the agreement. 

This explanation is clear and unambiguous.  It literally applies to the Claimant for the second half of April 2002.  The Claimant took the rest day to which he was entitled on April 17, 2002.  According to Question and Answer #10, when the Claimant subsequently took personal leave days on April 21 and April 26, 2002, this did not affect the guarantee for the rest day he took on April 17, 2002.  Question and Answer #10 are pellucid and must be applied as plainly written.  Therefore, the Carrier did not have the right to reduce the Claimant’s guarantee by one day for the second half of April 2002.  The claim is sustained as a result.” 

Award 95 of PLB 5604 clearly stipulates that an engineer assigned to the guaranteed extra board who requests and is granted a “rest day” cannot be deducted the guarantee for that day when subsequently taking PL Day(s) during the same payroll half.  WRGCA’s Engineers’ Guaranteed Extra Board Agreements are as follows: 

Attached to this message  is a copy of Award 95 of PLB 5604 along with the parties’ agreed-to Q&As made part of Carrier’s November 14, 1996 cover letter addressed to General Chairmen MacArthur, Stewart and Young.  Trust each of you will share this information with your respective members. 

Tim Donnigan