(Advance copy. The usual printed copies will be sent later.)
Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award. No. ' -'`74
SECOND DIVISION Docket No. 6364
2-PTRRA-CM-' 73
The Second Division consisted of
the regular members and in
addition
Referee John J.
McGovern when award was rendered.
( System Federation No. 162, Railway Employest
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
( Port Terminal Railroad Association
Dispute: Claire of Employes:
1. That the current agreement was violated when the Carrier failed to
compensate
Carman H. L.
Sandoz holiday pay for New Year's Day,
January 1, 1972.
2. That accordingly, the Carrier be ordered to compensate Caran H. L.
Sandoa in the amount of
eight (S) hours, at the straight
time rate
of pay, because of said violation.
Find ings
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 employee 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.
Claimant worked and was paid for such work performed on the day
preceding the January let holiday as well as for work on the day following the
holidayy. He was scheduled to work on January 1, but because of car trouble called
to notify his Supervisor that he would be late in reporting. He was told that
another Car-man had been called to replace him. He was not paid for the January 1
holiday.
The claim is based on Article III, section 3 of the August 19, 1960
Agreement. We have analyzed the language of section 3 and find that the only
condition's precedent for holiday pay is that compensation must have been
Form 1 Award No. ~~74
Page 2 Docket No.
6364
2-PTRRA-CM-'73,;,
credited to claimant for vrork-days immediately preceding and following the
holiday. There is no requirement that he rmust work the holiday. We will
therefore sustain the claim.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:--- ~.
Executive Secretary
Dated at Chicago, Illinois, this 3r'th
duZr
of April,
le;'.
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