Award No. 5448
Docket No. 5291
2-SP (PL) -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.
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 114, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Machinists)
SOUTHERN PACIFIC COMPANY
(Pacific Lines)
DISPUTE: CLAIM OF EMPLOYES:
1. That Machinists M. J. DeFrank and M. P. Borge (hereinafter referred to as Claimants) were improperly compensated under
applicable terms of current controlling Agreements while on vacation.
2. That accordingly, the Carrier be ordered to additionally
compensate Claimants in the amount of eight (8) hours' pay at
the pro rata rate, Claimant M. J. DeFrank for the date of December 15, 1965, and Claimant M. P. Borge for the date of December
29, 1965.
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 Claimants were on vacation as follows:
December 13 to 17, 1965
December 27 to 31, 1965
The claimants observed their vacation at the scheduled time and their
irthday holidays, December 15 and December 29, 1965, respectively. Both
laimants observed their birthday holidays while on vacation.
The claimants received vacation pay and seek eight (8) hours pro rata
1 , ~ e Birthday Holiday pay in addition to vacation pay.
The 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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Charles C. McCarthy
Executive Secretary
Dated at Chicago, Illinois, this 3rd day of June, 1968.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A
5448 2