C SPECIAL BOARD OF ADJUSTMENT N0. 122
0
P THE PITTSBURGH AND LAKE ERIE RAILROAD COMPANY Award No. 30
Y THE LAKE ERIE AND EASTERN RAILROAD COMPANY Case No. 50
vs
BROTHERHOOD OF RAIL6dAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM:
Claims of Crew Caller E. A. Gillooly for one day at punitive rate,
December 25, 1954; one day at straight time rate, December 26, 1954, as well as
one day holiday pay for December 25, 1954 at the rate of the position to which
assigned, account held out of service pending investigation. (CL-250)
FINDINGS: The Board, upon the whole record and all the evidence, finds that:
The Carrier or Carriers and the employee or employees involved in this
dispute are respectively Carrier and Employee within the meaning of the Railway
Labor Act, as approved June 21, 1934.
The Board has jurisdiction over the dispute involved herein. The
parties to said dispute were given due notice of hearing thereon.
Carrierts action in retracting the discipline previously imposed on
claimant had the effect of exonerating him of the charges. It follows that
claimant should be reimbursed for earnings that presumably would have accrued to
him during the period he was held out of service.
AZJARD: Claim sustained.
SPECIAL BOARD OF ADJUST14ENT N0. 122
/a/ Harold M. Giiden
Harold bI. Gilden, Neutral and Only Member Thereof
Pittsburgh, Pa.
April 24, 1959