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. 150, RAILWAY EMPLOYES'

DEPARTMENT, AFL-CIO (Carmen)

THE CINCINNATI UNION TERMINAL COMPANY

DISPUTE: CLAIM OF EMPLOYES:

1. That Cincinnati Union Terminal Company violated the Controlling Agreement by improperly compensating Carman J. M. Frazier for his birthday-holiday, October 2, 1965, which occurred during his scheduled vacation.

2. That Cincinnati Union Terminal Company be ordered to additionally compensate Carman J. M. Frazier eight (8) hours at the pro-rata rate for his birthday-holiday, October 2, 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 claimant was on vacation October 2 through October 13, 1965. He observed his birthday on Saturday, October 2, a vacation day of his vacation period, for which he was paid a day's vacation pay. The claimant's work week was Saturday through Wednesday, rest days Thursday and Friday.

The dispute arose over the failure of the carrier to compensate the claimant eight (8) hours' pay at the pro-rata rate for his birthday-holiday Dctober 2, 1965 in addition to eight (8) hours at the pro-rata for his vacaAon pay.

AWARD