NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number
MW-24698
(Brotherhood of Maintenance of Way Employee
PARTIES TO DISPUTE:
(The Escanaba and Lake Superior Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it failed and refused
to allow Mr. Fred Baryon holiday pay for January 1,
1981
(System File ELS1713)·
(2)
The claim as presented by General Chairman W. C. Jorde in a
letter dated February 13,
1981
shall be allowed as presented because General
Manager John Larkin did not give reasons for his declination thereof dated
July 24, 1981.
(3)
As a consequence of either or both (1) and/or (2) above, Claimant
Fred Baryon shall be allowed
'eight hours at his respective straight time
rate of pay for the New Year's Holiday'."
OPINION OF HOARD: In this docket, the Carrier has failed to file an ex pane
submission and failure to do so leaves the position and
assertions of the Organization, which adequately support the claim, unchallenged
and uncontroverted. The claim, therefore, must be sustained. (Award
14891)
FINDINGS: The Third Division of the Adjustment Hoard, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employee involved in this dispute are
respectively Carrier sad Employes within the meaning of the. Railway Labor
Act, as approved June 21,
1934;
That this Division of the Adjustment Hoard has jurisdiction over
the dispute involved herein; and
Award Number 24020
Docket Number MW-2468
That the Agreement was violated.
A
w
A R P
Claim sustained as presented.
ATT"r.ST: Acting Executive Secretary
National Railroad Adjustment Board
CS marie Brasch - Administrative Assistant
Dated at Chicago,
Illinois, this 20th day of
October
1982·
Page 2
NATIONAL RAILROAD ALUUSTi&NT BOARD
By Order
of
Third Division
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