CRAIN CAR COOPERS LOCAL 1286-S-1
INTERNATIONAL BROTHERHOOD OF LONGSHOREMEN
EASTERN WEIGHING AND INSPECTION BUREAU
COOPERAGE AND RECLAMATON SERVICE DEPARTMENT
STATEMENT OF CLAIM: Claiming one day's pay for February 22nd, 1958, a holiday and Saturday, for thirty-three employes of the Company.
The Petitioner admits that the work week starts on Monday but contends that it runs through Sunday-by "custom of the Company." Consequently, they hold that the holiday, Saturday, February 22, 1958, Washington's Birthday, was a work day of the work week and that the thirty-three named claimants should therefore be paid a day's pay of eight hours at the pro-rata hourly rate for the holiday under Rule 4 (b) of the Agreement as amended, effective May 1, 1954.
The Respondent says that all work weeks are Monday through Friday, with Saturday and Sunday as rest days.
The Petitioner here has failed to prove that Saturday, February 22, 1958, fell "on a work day of the work week" for the named claimants as the term "work week" is defined ip Rule 1 (b); consequently this claim fails for lack of proof and must be denied.
FINDINGS: The Third Division of the Adjustment Board 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