Award No. 9593
Docket No. TE-8688
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
THE ORDER OF RAILROAD TELEGRAPHERS
NORFOLK SOUTHERN RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of The
Order of Railroad Telegraphers on the Norfolk Southern Railway that:
1. The Carrier violated the agreement between the parties
when it failed and refused to compensate the following employes
for paid holidays as shown below:
(a) L. E. Boyd-May 31 1954, (Decoration Day);
July 5, 1954, (Fourth of July); and September 6, 1954,
(Labor Day).
(b) Daisy H. Weeks-September 6, 1954, (Labor
Day).
(c) J. F. Martin-September 6, 1954 (Labor Day).
(d) J. F. Martin-February 22, 1955, (Washington's
Birthday).
(e) Daisy H. Weeks-May 30, 1955, (Decoration
Day).
(f) W. E. More-May 30, 1955, (Decoration Day).
(g) L. E. Boyd-July 4, 1955, (Fourth of July).
2. The Carrier shall now be required to compensate these employes eight (8) hours' pay at the pro rata hourly rate of the positions to which assigned for each of the above enumerated holidays.
OPINION OF BOARD: Under the particular circumstances of this case
and without construing the involved rules as they might apply to any other
situation, Claims (a) and (g) will be sustained; and Claims (b), (c), (d),
(e) and (f) will be 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:
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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 claims will be disposed of in accordance with the Opinion.
AWARDS
Claims a) and (g) sustained; claims (b), (c), (d), (e), and (f) denied;
all in accordance with the Opinion and Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois this 19th day of October, 1960.