NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of the
Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and
Station Employes on the Missouri Pacific Railroad, that the Carrier violated
the Clerks' Agreement:
1. When on Monday, September 6, 1954, a holiday, Clerk Lucille
J. Detter was away on her scheduled vacation, and this holiday was
excluded as one of her ten vacation days, and when the Chicago
Agreement of August 21, 1954 became effective Mrs. Dotter was
entitled to pay for Monday, September 6, 1954, under Article llHolidays, Section 1 of the Chicago Agreement, but the Carrier
refused the ten days vacation as scheduled and cancelled one days
vacation and applied that day against the holiday September 6, 1954.
2. Since the vacation scheduled was prepared late in 1953 or early
in 1954, before the August 21, 1954 Chicago Agreement was in existence, and the claimant took the vacation dates assigned to her as
scheduled and in good faith, therefore, the Carrier shall be required
to pay Mrs. Detter for one day, September 8, 1954, as Checking Clerk
at the rate of $14.66 per day, which it declined to do in violation of
the Agreement of August 21, 1954.
FINDINGS:
The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon and upon the whole
record and all the evidence, finds and holds:
That the Carrier and the Employe involved in this dispute are respectively
carrier and employe within the meaning of the Railway Labor Act, as
approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein;
That the dispute was certified to the Third Division of the Adjustment
Board ex parts by complainant party; and
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That hearing thereon has been held and concluded. Under date of May
19, 1958, the parties jointly addressed a formal communication to the Secretary
of the Third Division, requesting withdrawal of this case from further consideration by the Division, which request is hereby granted.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 5th day of June, 1958.