SPECIAL BOARD OF ADJUSTMENT N0. 488

BROOD OF MAINTENANCE OF WAY EMPLOYES

PARTIES: and

THE BALTIMORE AND OHIO RAILROAD COMPANY

AWARD IN DOCKET N0. 10

STATEMENT "Claim of the System Committee of the Brotherhood that:
OF CLAIM:
(1) The Carrier violated the effective Agreement by failing to pay Carpenter N. H. Ellerbrook of the Toledo Division for holiday pay for labor Day, September 5, 1960.

(2) That claimant Carpenter N. H. Ellerbrook be now paid eight hours at his respective pro rata rate, account of this violation of the agreement."

FINDINGS: This is the second in a long list of holiday pay cases pending

before this Board.

In line with our Award in Dockets Nos. 8 and 9, we will sustain this claim because it is for the labor Day, 1960, holiday and prior to Carrier's notification of December 29, 1960 that it would follow the August 19, 1960 Agreement on the manner of proving availability for work.

AWARD

Claim sustained.'

(s) Edward A. Lynch

Edward A. Lynch, Chairman

(s) A. J. Cunningham - Dissenting (s) W. B. Kohler
A. J. Cunningham, Employee Member W. B. Kohler., Carrier Member

Dated at Baltimore, Maryland 21st day of May, 1964.