.00w, 865 Award No. 5457
 Docket No. 5151
 2-KCS-CM-'68



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. 3, RAILWAY EMPLOYES'

DEPARTMENT, AFL-CIO (Carmen)




DISPUTE: CLAIM OF EMPLOYES:

1. That the Kansas City Southern Railway violated the controlling agreement, particularly Article II, Section 6, paragraph (a) of the November 21, 1964 Agreement, when Employe Garland Fuller, who qualified for birthday pay, was paid only eight (8) hours at pro rata rate on April 2, 1965 while on vacation, and the Kansas City Southern Railway has declined to pay him the additional eight (8) hours at pro rata rate for his birthday.


2. That accordingly, the Kansas City Southern Railway be ordered to additionally compensate the above named employe an additional one (1) day at the applicable rate covering his birthday pay for April 2, 1965.


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

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

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

 Parties to said dispute waived right of appearance at hearing thereon.

 The Findings of the Board in Award No. 5454 are applicable and con-~lling here.

 Accordingly, this claim will also be denied.
Claim denied.

ATTEST: Charles C. McCarthy
 Executive Secretary

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

 Keenan Printing Co., Chicago, 111. Printed in U.I
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