SYSTEM FEDERATION NO. 57, RAILWAY EMPLOYES'

DEPARTMENT, AFL-CIO (Carmen)

THE NEWBURGH AND SOUTH SHORE

RAILWAY COMPANY

DISPUTE: CLAIM OF EMPLOYES:

1. That under the controlling agreement, John Wicinski, R. Beccia, Leo Orcino, Edward Krause, Dominic Mormile, Angelo Mancini, Joseph Cimperman, C. Backus, L. H. McElroy, Peter Sycz, Eugene Stanczak, J. Daugenti, employes of the Car Department, were improperly denied holiday pay for Labor Day, September 5, 1960.

2. That accordingly the carrier be ordered to compensate these employes in the amount of eight (8) hours at the applicable pro rata rate of their regular positions.

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 Carrier correctly states the sole issue in this dispute as to whether or not furloughed employes, who have met all the other requirements of Article III of the August 19, 1960 Agreement, are to be treated as "available for service" so as to qualify for holiday pay under sub-paragraph (ii) of the 2nd paragraph of Section 3 when they fail to notify the proper officer of the Carrier in writing, with copy to the Local Chairman, that they will be

AWARD