Award No. 9601 Docket No. TE-11482 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE ORDER OF RAILROAD TELEGRAPHERS

STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Delaware & Hudson Railroad; that:

1. Carrier violated the current agreement when it failed and refused to properly compensate telegrapher C. L. Carpenter for holiday allowance on May 30, 1958. (Decoration Day.)

2. Carrier shall now compensate C. L. Carpenter in the sum of $18.11, eight hours at pro rata rate of $2.264 per hour in addition to compensation already allowed.

OPINION OF BOARD: Under the particular circumstances of this case and without construing the involved rules as they might apply to any other situation, 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 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; and

That the Agreement was not violated.

AWARD