1. That the New York, New Haven and Hartford Railroad Company violated the current agreement when it failed to properly compensate Electrician N. Damatteo for service performed on his birthday and New Year's Day, January 1, 1966.

2. That accordingly, the New York, New Haven and Hartford Railroad Company be ordered to additionally compensate Electrician N. Damatteo in the amount of eight (8) hours pay at the rate of time and one-half for service performed on his birthday and New Year's Day, January 1, 1966.

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 New Year's Day, 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 February 4, 1965 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

AWARD