Award No. 5475
Docket No. 5268
2-SOU-MA '68
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. 21, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Machinists)
SOUTHERN RAILWAY COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That the Southern Railway Company violated the Agreement
of April 3, 1965, when they denied Birthday-Holiday pay to Machinist F. G. Fergerson on July 21, 1965, Machinist R. G. Furber on
July 23, 1965, and Machinist F. J. Loescher on August 6, 1965
at Spartanburg, South Carolina.
2. That accordingly, the Southern Railway Company be ordered
to compensate Machinists Fergerson, Furber and Loescher in the
amount of eight (8) hours pro rata rate pay for their respective
Birthday-Holidays as enumerated above.
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 corresponding provisions of a similar 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
)ated at Chicago, Illinois, this 21st day of June, 1968.
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