,a$ Award No. 5444

Docket No. 5278

2-MKT-MA-'68

NATIONAL RAILROAD ADJUSTMENT BOARD

SECOND DIVISION

The Second Division consisted of the regular members and in

addition Referee Joseph S. Kane when award was rendered.

SYSTEM FEDERATION NO. 8, RAILWAY EMPLOYES'

DEPARTMENT, AFL-CIO (Machinists)

MISSOURI-KANSAS-TEXAS RAILROAD COMPANY

DISPUTE: CLAIM OF EMPLOYES:

1. That the Missouri-Kansas-Texas Railroad Company violated

the Agreement of February 4, 1965 when they declined to pay Birthday-Holiday pay to Machinist L. J. Smith on his birthday date, September 11, 1965.

2. That accordingly, the Missouri-Kansas-Texas Railroad Company be ordered to compensate Lead Machinist L. J. Smith in the amount of eight (8) hours at the applicable pro rata rate for his Birthday-Holiday pay.

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.

The claimant was assigned vacation September 7, 1965 through September 11, 1965. Saturday, September 11, 1965 was the claimant's birthday, which was also one of his vacation days. His work assignment was Tuesday through Saturday.

The claim was for an additional day at eight hours for his birthday ioliday incurred while on vacation.

AWARD