Award No. 5065
Docket No. 4108
2-NYC&StL-CM-'67
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee Paul C. Dugan when award was rendered.
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 57, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)
THE NEW YORK, CHICAGO AND ST. LOUIS
RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That under the controlling agreement Carmen F. J. Schmitz,
Odell Woods and F. B. Kerley were improperly denied holiday pay
for Labor Day, September 5, 1960.
2. That accordingly the carrier be ordered to compensate the
aforementioned employes in the amount of eight (8) hours at the
applicable pro rata rate.
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 were given due notice of hearing thereon.
The issues involved in this dispute were decided in Award 5061, and what
we said in said award is applicable and controlling here, and therefore the
claims of 3 Carmen Claimants in this dispute will be sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Charles C. McCarthy
Executive Secretary
Dated at Chicago, Illinois, this 31st day of March, 1967.
[See Award 5061 for Carrier Members' dissent.]
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
5065