Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6735
SECOND DIVISION Docket No. 6469
' 2 LI-EW-'74
The Second Division consisted of the regular members and in
addition Referee Louis Yagoda when award was rendered.
( System Federation No. 156, Railway Employee'
( Department, A. F, of L. - C. I. O.
Parties to Dispute: ( (Electrical Workers)
( The Long Island Rail Road Company
Dispute: Claim of Employes:
That the Long Island
Railroad Company
violated the controlling
Agreement when they failed to properly compensate Electrical Power
Operator J. Czerniecki No. 1791, for services performed on November
27, 1971, which was during the pay period ending Tuesday, November 30,
1971, which was paid to Czerniecki on Thursday, December 9, 1971,
containing a shortage of $64.20.
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 employee involved in this
~diePuto are respectively carrier and emptoya within the meaning of the.
Railway Labor Act as approved Jute 21, 1134.
This Division of the Adjustment Board has jurisdiction over the
dispute involved heroin.
Parties to acid dispute were given due notice of hearing thereon.
A threshold issue of a procedural nature is raised by Carrier's
contention that the actions were grieved 65 days after date of their
occurrence. We agree with Employee' response that the date of occurrence
on which this claim is based was Thnraday,Decemlxr 9, 1971 Which ryas the
first payday after the day on which the dispute centers - November 29,
1971, and the first day on which Carrier executed act - denial of additional
payment for November 27, 1971 - to Claimant's knowledge. Therefore the
claim dated January 24, 1972 Was made within the required 60 days.
As to the writs of the claim, we agree with Carrier that the subject
is one already decided by a substantial body of decision and for reasons
with which we agree. We detect no difference in the applicable and controlling principles involved, from the fact that previous Awards have dealt
with the absolute coincidence of the two holidays (birthday and general)
on the same day and that, in the instant matter, the coincidence occurred
_ r_
because of the transposal of the
Thanksgiving
Holiday (because
falling on
a rest day) to the following working day, pursuant to Rule 5(c). By
r' operation of the latter rule, "the following work
day" stands in
all respects
in place of the actual Thanksgiving
holiday
as
if that
holiday
had occurred
on the substituted day together with the birthday holiday.
Form 1
age 2
A WA R D
Claim denied.
Attest: Emcutive Secretary
National Railroad Adjustment Board
Award
Noe
6735
Docket No. 6469
2-LI-EW-' 74
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
osemarie Brasch - Administrative Assistant
Date at Chicago, Illinois, this 17th day of July, 1974.
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