NATIONAL RAILROAD ADJUSTMENT BOARD

SECOND DIVISION

SYSTEM FEDERATION NO. 16, RAILWAY EMPLOYES'

DEPARTMENT, AFL-CIO (Carmen)

NORFOLK AND WESTERN RAILWAY COMPANY

1. That the Norfolk & Western Railway Company violated the current agreement when it failed to properly compensate Car Repairer H. E. Coletrane, for service performed on his Birthday Holiday and Washington's Birthday, February 22, 1965.

2. That accordingly the Norfolk & Western Railway Company be ordered to additionally compensate Car Repairer H. E. Coletrane in the amount of eight (8) hours' pay at the rate of time and one-half for service performed on his and Washington's Birthday, February 22, 1965.

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

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 jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

Claimant was required to work eight hours on Washington's Birthday, which was not only a holiday but also his birthday. He received eight hours pay for the Holiday, as well as a like amount for his birthday and eight hours pay at the time and one-half rate for working on that day.

Petitioner contends that Claimant is entitled to another payment at the time and one-half rate since he performed work on both his birthday and the Holiday. We disagree. The parties plainly anticipated this specific situation in Article II Section 6 (f) of their November 21, 1964 Agreement, which provides that "If an employe's birthday falls on one of the seven holidays named in Article III of the Agreement of August 19, 1960, he may, by giving reasonable notice to his supervisor, have the following day or the day immediately pre-

AWARD