Award No. 5417
Docket No. 5224
2-NYC-FO-'68
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee Gene T. Ritter when award was rendered.
PARTIES TO DISPUTE
SYSTEM FEDERATION NO. 54, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. - C. I. O. (Firemen & Oilers)
THE NEW YORK CENTRAL RAILROAD,
SOUTHERN DISTRICT
DISPUTE: CLAIM OF EMPLOYES:
1. That the New York Central Railroad (Southern District) violated Article II, Section 6 of the November 21, 1964 Agreement.
2. That accordingly, the New York Central Railroad (Southern
District) compensate Crane Type Tractor Operator Leslie C. Rook
eight (8) hours at the pro rata rate of pay for his birthday while on
vacation.
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 were given due notice of hearing thereon.
The parties hereto have stipulated and agreed that this claim shall be
disposed of by the findings as contained in Award No. 5414 for the reason that
this dispute involves the same issue. Accordingly, this claim shall be denied.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Charles C. McCarthy
Executive Secretary
Dated at Chicago, Illinois, this 3rd day of May 1968.
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