C SPECIAL BOARD OF ADJUSTMENT N0. 122
0
P THE PITTSBURGH AND LAKE ERIE RAILROAD COMPANY Award No. 50
Y THE LAKE ERIE AND EASTERN RAILROAD COMPANY Case No. 33
vs
BROTHERHOOD OF RAIDIAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STAT1424ENT
OF CLAIM:
Claim for holiday pay for Labor Day, September
6,
1954, in behalf of the
following employees:
R. A. Wittman T. W. Miller John Martino, Jr. Geo. M. Meskill
P. O'Halloran S. J. Henn J. L. Smithyman, Jr. E. J. Vertulla
Edward Ozosky J. F. Kanopsky A. B. Garnetta M. V. Manning
J. J. Brosovich Harry Caretti
(CL-275)
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.
In visw of the disparity between recital contained in the force reduction notices issued to claimants wherein it was acknowledged that they were
regularly assigned to the freight handler classification, and the Carrier contention here advanced that each of them worked as an extra on a day to day basis,
the conflict in the evidence, in this particular case, will be resolved in
claimants? favor.
AI7ARD
: Claim sustained.
SPECIAL BOARD OF ADJUSTMENT N0. 122
/s/ Harold M. Giiden
Harold If. Gilden, Neutral and Only Member Thereof
Pittsburgh, Pennsylvania
June 3, 1958