NATIONAL RAILROAD ADJUSTMENT BOARD
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. 30, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Federated Trades)
THE BALTIMORE AND OHIO RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That the Carrier violated the Current Agreement, as amended
by the November 21, 1964 and February 4, 1965 National Agreements, when they failed to compensate the following employes
eight (8) hours' pay each for their Birthday:
Blacksmith Helper - I. L. Willison - May 4, 1965
Carman - Jan Dyminski - June 24, 1965
Electrician - E. LaCaffinie, Jr. - July 14, 1965
Sheet Metal Worker-Albert Kaufman -June 30, 1965
2. That accordingly, the Carrier be ordered to compensate the
above named employes eight (8) hours' pay each at the applicable
pro rata rate.
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 were given due notice of 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.
Keenan Printing Co., Chicago, 111. Printed in U.S.A.
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