NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee George S. Ives when award was rendered.
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 76, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Electrical Workers)
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That the Chicago, Milwaukee, St. Paul and Pacific Railroad
Company violated the agreement of February 4, 1965, when it refused to
pay
birthday-holiday pay to Electrician Herman Jenders
in the amount of eight (8) hours at the pro rata rate for July 16,
1965.
2. That accordingly, the Chicago, Milwaukee, St. Paul and Pacific Railroad Company be ordered to compensate Herman Jenders
in the amount of eight (8) hours at pro rata rate for July 16, 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 fundamental issue involved in this case is the same as that considered in Docket No. 5248, which arose out of a like dispute under the same
Agreement. Accordingly, we find our Award 5468 controlling in this case,
despite variations in dates, parties, names and locations, which do not warrant repetitive discussion.
AWARD
Claim is denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Charles C. McCarthy
Executive Secretary
Dated at Chicago, Illinois, this 21st day of June, 1968.
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