NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Nicholas H. Zumas, Referee
PARTIES TO
DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
THE NEW YORK, NEW HAVEN AND HARTFORD
RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of the
Transportation-Communication Employees Union on The New York, New
Haven and Hartford Railroad Company, that:
CLAIM NO. 1
(a) Carrier violated the Agreement between the parties when it
failed and refused to properly
compensate Mr
. B. Benson for work
performed on
September 6, 1965, a regularly assigned rest day of his
assignment which was also a holiday, (Labor Day).
(b) Carrier shall be required to compensate Mr. B. Benson for
eight hours at time and one-half rate of his position in addition to the
amount already paid for working September 6, 1965.
(Railroad Docket 10224.)
CLAIM NO. 2
(a) Carrier violated the Agreement between the parties when it
failed and refused to properly compensate Mr. G. E. Meyers for work
performed on September 6, 1965, a regularly assigned rest day of his
assignment which was also a holiday, (Labor Day).
(b) Carrier shall be required to compensate Mr. G. E. Meyers
for eight hours at time and one-half of his position in addition to the
amount already paid for working September 6, 1965.
EMPLOYES' STATEMENT OF FACTS:
An Agreement between The
New York, New Haven and Hartford Railroad Company and this Union, dated
September 1, 1949, as amended and supplemented is available to your Board
and by this reference is made a part hereof.
These claims were presented and progressed in accordance with the time,
limits provided by the Agreement up to and including appeal and conference
with the highest officer designated by the Carrier to
receive appeals
. Having
CLAIM NO. 2-Carrier's Docket 10311
Claimant in this case, Mr. Gustave E. Meyers, owned a regular
relief
assignment as Operator at Signal Station 28, Greenwich, Connecticut, with
rest days Thursday and Friday. Prior to the date of claim Mr.
Meyers was
diverted to the second trick operator's assignment at Signal Station 28 and
assumed the regularly assigned rest days of that position which were Sunday
and Monday. Mr. Meyers was required to perform eight hours' service on the
second trick at Signal Station 28 on Monday,
September 6,
1965, the Labor
Day Holiday which was coincidentally one of his assigned rest days. For
service performed on
his rest day claimant was paid eight hours at the
punitive rate.
Attached as Carrier's Exhibit C is copy of appeal of former General
Chairman J. F.
Kelleher to
the undersigned. Attached as Carrier's Exhibit D
is copy of decision of the undersigned who is the
highest designated
officer
on the property to handle claims and
grievances.
Copy of
the Agreement
between the parties, dated September 1, 1949, as
amended, is on file with your Board and is, by reference, made a part of this
submission.
(Exhibits not reproduced.)
OPINION OF BOARD:
This dispute is similar in all respects to Award
Number 15985.
The Board holds that
the Agreement was
violated.
FINDINGS: The Third Division of
the Adjustment
Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
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 violated.
AWARD
Claim is sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
Dated at Chicago, Illinois, this 8th day of December 1967.
Keenan Printing Co., Chicago, 111. Printed in U.S.A.
15989
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