Award No. 5074
Docket No. 4199
2-EL-FO-'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. 100, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Firemen & Oilers)
ERIE-LACKAWANNA RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That under the current agreement the Carrier improperly
denied Laborer Herbert Van Duser holiday pay for December 26,
1960 and January 2, 1961.
2. That accordingly the Carrier be ordered to compensate the
aforesaid Laborer in the amount of eight hours pay at the prevailing rate for each date, December 26, 1960 and January 2, 1961.
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 dispute involves the same issues and agreement as in Award 5061,
and for the reasons stated in that award, we will sustain the claim.
AWARD
Claim 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.