365
Award No. 5446
Docket No: 5283
2-SOU-CM268
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.
PARTIES TO DISPUTE
SYSTEM FEDERATION NO. 21, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)
SOUTHERN RAILWAY COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That the Southern Railway Company violated the controlling
Agreement of April 3, 1965, when they denied birthday holiday
pay to Carman A. C. Still, for Monday, July 19, 1965; Carman
E. E'. Pollard, for Friday, July 30, 1965; Carman F. McElrath, for
Thursday, August 5, 1965; Carman J. F. Pressley, for Monday,
July 26, 1965; Carman N. D. Shehan, for Thursday, August 12,
1965; Carman R. E. Newman for Thursday, July 29, 1965; Carman
C. E. Cassady for Monday, August 9, 1965; Carman W. A. Black
for Tuesday, August 10, 1965; and Carman H. A. Frazier for Monday, July 26, 1965; all of whom were employed at Hayne Car Shop,
Spartanburg, South Carolina; hours of assignment being 7:30 A. M.
to 4:00 P. M. Monday through Friday, rest days Saturday and
Sunday.
2. That accordingly, the Southern Railway Company be ordered
to compensate the aforesaid employes in the amount of eight (8)
hours' pay at straight time rate for their respective birthdays as
listed in part one (1) of the claim.
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
iispute 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
nvolved herein.
Parties to said dispute were given due notice of hearing thereon.
The claimants,
9 named carmen, took their assigned vacation during the
period July 19 through August 13, 1965 while the Hayne Shop was closed
for group vacations.
Birthday holiday pay was claimed for the following days:
Claimant
Claimant
Claimant
Claimant
Claimant
Claimant
Claimant
Claimant
Claimant
The days of assignment were
day and Sunday.
Monday, July 19, 1965
Monday, July 26, 1965
Thursday, July 29, 1965
Thursday, July 29, 1965
Friday, July 30, 1965
Thursday, August 5, 1965
Monday, August 9, 1965
Tuesday, August 10, 1965
Thursday, August 12, 1965
Monday through Friday, rest days Satur-
The claims were for an additional eight (8) hours' pay at straight time
rate for their respective birthdays which occurred during their vacation.
This claim alleged in this dispute has been before the Board in Award
No. 5442 wherein the same rules, facts and circumstances were denied.
AWARD
Claim
denied.
ATTEST: Charles C. McCarthy
Executive Secretary
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
Dated at Chicago, Illinois, this 3rd day of June, 1968.
Keenan Printing Co., Chicago, Ill.
5446
Printed in t1.S,A