- Award No. 5699
Docket No. 5464
2-PC (NYNH&H)-CM '69
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in addition
Referee George S. Ives when award was rendered.
PARTIES TO DISPUTE
SYSTEM FEDERATION NO. 17, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)
PENN CENTRAL COMPANY (NEW YORK, NEW HAVEN
& HARTFORD RAILROAD COMPANY)
DISPUTE: CLAIM OF EMPLOYES:
1. That the New Haven Railroad improperly compensated Car Inspector K. Sennett for services performed on Friday, February 12,
1965 his birthday holiday and also his rest day, in violation of
the current agreement as amended November 21, 1964.
2. That accordingly the New Haven Railroad is requested to additionally compensate K. Sennett in the amount of eight (8) hours
at the time and one-half rate of pay for having worked his
birthday 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 waived right of appearance at hearing thereon.
The fundamental issue involved in this case is the same as that considered in our Award No. 5412, although the particular holiday involved
herein was the claimant's birthday. Accordingly, we find our Award No.
5412 to be controlling precedent in this case. See also Award No. 5523.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: Charles C. McCarthy
Executive Secretary
Dated at Chicago, Illinois, this 29th day of May, 1969.
Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.