NATIONAL RAILROAD ADJUSTMFNf HOARD
THIRD DIVISION Docket Number MW-2469!
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Escanaba and Take Superior Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement rhea it failed and refused
to allow Messrs. C. Ahlskog, D. Latvia, W. Latvia, S.
Mortomaki, R
. Myllyim3ki,
%. Lippeas, P. Connolly, M. Herea,:t, M. Clairmont, T. Chudy, H. Iykina, L.
Taylor and D. Deacon holiday pay for December 24, 1980 (Christmas Eve), December 25, 1980 (Christmas
failed and refused to alloy Messrs. J. Walling and M. Wilcoaen holiday pay for
December 24, 1980 (Christmas Eve) sad December 25, 1980 (Christmas Day)
[System File ELS-1711].
(2) Because of the aforesaid violation, the claimants (except Messrs.
J. Walling and M. Wilcoxen) shall each be alloyed twenty-four (24) hours of
holiday pay at their respective straight-time rates and Claimants J. Walling and
M. Wilcoxen shall each be allowed sixteen (16) hours of holiday pay at their respective straight-tim
OPINION OF HOARD: In this docket, the Carrier has failed to file as ex pane
submission and failure to do so leaven the position and
assertions of the Organization, which adequately support the claim, unchallenged
sad uncontroverted. The claim, therefore, moat 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 sad the Employee involved in this dispute are
respectively Carrier and Employee within the meaning of the Railway Labor
Act, as approved June 21, 1934;
That this Division of the Adjustment Hoard had ,jurisdiction over
the dispute involved herein; and
That the Agreement was violated.
Page 2
Award Number 24021
Ibcket Number MW-24699
A W A R D
Claim sustained as presented.
NATIONAL RAILROAD ADJfSTMENT HOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Hoard
$Y
Rosemarie Hrasch - Administrative Assistant
Dated at Chicago, Illinois, this 20th day of October
1982.
40
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