PUBLIC LA'; BOARD N0.
2267
PARTIPS Brotherhood of Maintenance of Way Employes
TO
DISPUTC: and
Union Pacific Railroad Company
STATEMENT 1. That the Carrier violated the Agreement, effective January
oY
CLAIM: 1,
197'3,
as amended, when they arbitrarily suspended the
operation of System Steel Gang
#2801,
Thursday, June 30,
1977.
2.
That the Carrier shall compensate all hourly rated employes,
assigned to Systcm Steel Gang
#2801,
eight
(e)
hours each at
their respective pro-rata rates of pay for Friday, July 1,
1977
and, in addition, eight
(8)
hours each at their respective
pro-rata rates for Monday, July
4, 1977.
FINDII?G:~: There is a fundamental issue of fact in this case, whether the Gang
members were "voluntarily absent" or were otherwise "deprived of the
opportunity to work on July 1,
1977"
by the Carrier, and the evidence
on this fundamental issue is in irreccncilii,^-ble conflict. In view
of the particular circumstances in this particular case, without
prejudice and without establishing a precedent, each hourly-rated
employee who actually worked the day following the Holiday, i.e.,
July
5, 1977,
shall be paid eight
(8)
hours, (July
4, 1977),
in lieu of holiday pay.
101-l3 22.!07
Award No.
3
Caae No.
4
paF,e 2
AWARD
Claim disposed of without prejudice and without establishing
a precedent as per Findings.
PUBLIC LAW BOARD N0. 2267
e
y u
JOSEPH LLAZAR, Chairman and Neutral ::ember
\ ~,7r,(m
S. E. FLEMINGG, Dn;ploye \Membe
r
E. R. hiYER:3, Carri,(~r ; e mber
D!-.TM: 2-28-79