NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Arthur Stark,
Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
THE LOUISVILLE AND NASHVILLE RAILROAD COMPANY
(Nashville, Chattanooga & St. Louis District)
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the effective Agreement when it
failed and refused to allow eight (8) hours' pro rata holiday pay
for the day observed as Christmas, December 26, 1955, and New
Year's Day, January 2, 1956, to certain Maintenance of Way employes, in compliance with the provisions of Sections 1 and 3 of
Article II, of the August 21, 1954 Agreement and, in consequence
thereof:
(2) Each of the following named employes now be allowed
Sixteen (16) hour's pay at the pro rata rate of the respective position to which assigned and working on December 23, 1955, and
January 3, 1956:
W. C. Lancaster A. E. Woodard T. C. Overton
Joe Jackson M. T. Lewis E. F. Hall
Leon Gooch Clarence Williams T. E. Hichs
P. V. Hall R. B. Mathis J. L. Tummins
J. R. Garland Hubbs Summers W. E. Hutcheson
Lee Black L. 0. Atkinson L. Luffman
B. G. Hall W. F. Hood D. H. Burgess
J. E. Westerman J. H. Miller W. G. Bishop
J. G. Mitchell G. B. Gooch M. P. Ca"
O. D. Seagraves E. T. May D. W. Redden
H. G. Becton Henry McKinnie J. R. Vetter
Wallace Powley D. H. Bishop Wesley White
EMPLOYES' STATEMENT OF FACTS:
Claimants are regularly assigned hourly and/or daily rated employes of the Carrier. Claimants each
received compensation credited by the Carrier to December 23, 1955, and
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by administrative fiat something which they have been unable to obtain by
negotiation.
Carrier submits, in view of the foregoing facts, there is no basis for the
Employes' claim, contractual or otherwise, for which reason same should be
declined.
All matters referred to herein have been presented, in substance, by the
Carrier to representatives of the employes, either in conference or correspondence.
(Exhibits not reproduced.)
OPINION OF
BOARD:
This case presents the same questions as those
discussed in Award 10284. For the reasons assigned in our Opinion in that
matter we hold that the claim here should 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:
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: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 20th day of December 1961.