Award No. 8363
Docket No. TE-8231
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
H. Raymond Cluster, Referee
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
KANSAS CITY TERMINAL RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of The
Order of Railroad Telegraphers on the Kansas City Terminal Railway Company that,
1. The Carrier violates the agreement when it failed to pay and
refused to pay extra employes eight hours' pro rate, in addition to
eight hours' time and one-half, for holidays.
2. As a result of this violation Carrier be required to pay:
(A). Robert Laier eight hours pro rata at rate for
Leverman Tower #14 for Thanksgiving Day, November 25,
1954.
(B). A. R. Sanchez eight hours pro rata at rate for
Leverman Tower #5 for Thanksgiving Day, November 25,
1954.
(C), O, D. McKee eight hours pro rata at rate of Operator-Leverman Tower #9 for New Year's Day, January 1,
1955.
EMPLOYES STATEMENT OF FACTS:
There is an agreement by and
between the parties to this dispute, effective June 1, 1953; and there is another
agreement, dated at Chicago, Illinois, August 21, 1954. between a group of
carriers and a group of organizations. Both parties to this dispute are
parties to this Chicago Agreement, upon which the instant claim is primarily
based.
Article II of the Chicago Agreement reads:
ARTICLE II
Holidays
"Section 1. Effective May 1, 1954, each regularly assigned hourly
and daily rated employe shall receive eight hours' pay at the pro rata
(z937
8363-17
219
OPINION OF BOARD:
This claim is not different in any material respect from the claim in Award No. 8361, involving the same rules and parties.
For the reasons stated in that award, the claim is denied.
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 Employes involved in this dispute are respectively Carrier and Employes 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; and
That the Agreement was not violated.
AWARD
Claim denied.
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.