NATIONAL RAILROAD ADJUSTMENT BOARD

              SECOND DIVISION


The Second Division consisted of the regular members and in

addition Referee William H. Coburn when award was rendered.


    PARTIES TO DISPUTE SYSTEM FEDERATION NO. 2, RAILWAY EMPLOYES' DEPARTMENT, AFL-CIO (Machinists)

      MISSOURI PACIFIC RAILROAD COMPANY


    DISPUTE: CLAIM OF EMPLOYEES:


    (1) That the Missouri Pacific Railroad Company violated the current agreement, when they denied Birthday holiday pay to J. L. Swan, Machinist, Saturday, April 3, 1965.


    (2) That accordingly, the Missouri Pacific Railroad Company be ordered to compensate Machinist Swan in the amount of eight (8) hours for April 3, 1965, his birthday holiday.


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 Findings of the Board in Award No. 5454 are applicable and controlling here.

    Accordingly, this claim will also be denied.


                  AWARD

    Claim denied.

    NATIONAL RAILROAD ADJUSTMENT BOARD

    By Order of SECOND DIVISION


kTTEST: Charles C. McCarthy
Executive Secretary

)ated at Chicago, Illinois, this 21st day of June, 1968.

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