PARTIES TO DISPUTE:
Award No. 5083 Docket No. 4506 2-L&N-CM-'67
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in addition Referee Paul C. Dugan when award was rendered.

SYSTEM FEDERATION NO. 91, RAILWAY EMPLOYES'

DEPARTMENT, AFL-CIO (Carmen)


LOUISVILLE AND NASHVILLE RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES:

1. That the Carrier's denial of holiday pay to Carmen A. D. Eggers, K. L. Bull, E. W. Woliver, A. W. Spangler, W. A. Smith, Hodgie Wiggins, H. R. Stewart, and Coach Cleaner W. H. Wilson, at West Knoxville, Tennessee for July 4, 1962, was in violation of the current agreement, and


2. Accordingly, the Carrier should be compensate such employes for 8 hours, each,

 FINDINGS: The Second Division of the whole record and all the evidence, finds that:

 ordered to additionally at pro rata rate of pay.

 Adjustment Board, upon the

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has involved herein.

 Parties to said dispute were given due notice

 jurisdiction over the dispute

 of hearing thereon.

This July 4, 1962 holiday pay dispute involves Article IV of the May 20, 1955 Agreement (similar to Article IV of August 21, 1354 Agreement) and the issue is whether or not said Article IV of '55 Agreement is a condition precedent to be complied with by Claimants before qualifying for holiday pay under the "Note" in Section 3, Article III of August 19, 1960 Agreement, governing the parties to this dispute.


For the reasons stated in Award 5061, concerning the same basic questions involved herein, we will sustain this claim.







ATTEST: Charles C. McCarthy
 Executive Secretary

 Dated at Chicago, Illinois, this 31st day of March, 1967.

 [See Award 5061 for Carrier Members' dissent.]

 Keenan Printing Co., Chicago, Ill. Printed in U.S.A.

 5083