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. 97, RAILWAY EMPLOYES'

DEPARTMENT, A. F. of L. - C. I. 0. (Sheet Metal Workers)


THE ATCHISON, TOPEKA AND SANTA FE

RAILWAY COMPANY (Eastern Lines)


    DISPUTE: CLAIM OF EMPLOYES:


1-That the Atchison, Topeka and Santa Fe Railway Company violated Article II, Section 6(a) of the February 4, 1965 Agreement.

    2-That accordingly, the Atchison, Top:-ka & Santa Fe Railway Company compensate Sheet Metal Worker D. L. Swan eight (8) hours at the pro rata rate of pay for his birthday, May 2, 1965.


FINDINNGS: 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 Nvere 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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