OM
863
Award No. 5079
Docket No. 4351
2-NYC&StL-CM-'67
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and is
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
(Wheeling and Lake Erie District)
DISPUTE: CLAIM OF EMPLOYES:
1. That under the controlling agreement the New York, Chicago
and St. Louis Railroad Company unjustly deprived Carmen Angelo F.
Iadanza and E. Carter eight (8) hours pay at the pro rata hourly
rate of pay for the July 4, 1961 Holiday.
2. That accordingly, the New York, Chicago and St. Louis Railroad Company be ordered to compensate Carmen Angelo F. Iadanza
and E. Carter eight (8) hours pay for that holiday.
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.
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.]
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