Award No. 5447 Docket No. 5290 2-SOU-MA-'68






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 (Machinists)




DISPUTE: CLAIM OF EMPLOYES:

 1. That the Southern Railway Company violated the Agreement of April 3, 1965, when they denied Birthday-Holiday pay to H. R. Frankenburg, Machinist, Friday, July 16, 1965 at Knoxville, Tennessee.

 2. That accordingly, the Southern Railway Company be ordered to compensate Machinist Frankenburg in the amount of eight (8) hours pro rata pay for July 16, 1965, his birthday.

FINDINGS: The Second Division of the Adjustment Board, upon the vhole record and all the evidence, finds that:


The carrier or carriers and the employe or employes involved in this :ispute are respectively carrier and employe within the meaning of the tailway Labor Act as approved June 21, 1934.


This Division of the Adjustment Board has jurisdiction over the dispute evolved herein.


Parties to said dispute were given due notice of hearing thereon.

 The claimant was on vacation during the period July 12 through August

1965. His birthday fell on Friday, July 16, 1965, a work day of his regurly assigned work week during this period. The Carrier paid him vacation: me, but not eight (8) hours pro rata pay for July 16, 1965, his birthday..


The claim is for eight (8) hours additional pay for his birthday holiday,

 ly 16, 1965.

The claim alleged in this dispute has been before the Board in Award 5442, wherein the same rules, facts and circumstances were denied.







ATTEST: Charles C. McCarthy
 Executive Secretary

 Dated at Chicago, Illinois, this 3rd day of June, 1968.

 Keep-an Printing Co,, Chicago, Ill. Printed in U.S.,

 5447