Award No. 5556 Docket No. 5421

NATIONAL RAILROAD ADJUSTMENT BOARD

SECOND DIVISION

The Second Division consisted of the regular members and in

addition Referee Francis B. Murphy when award was rendered.

SYSTEM FEDERATION NO. 21, RAILWAY EMPLOYES'

DEPARTMENT, AFL-CIO (Carmen)

SOUTHERN RAILWAY COMPANY

DISPUTE: CLAIM OF EMPLOYES:

1. That the Carrier violated Article III, Section 6, paragraph (a) of the April 3, 1965 Agreement.

2. That accordingly, the Carrier compensate Carman C. E. Stiller, Spencer, North Carolina, eight (8) hours at the pro rata rate of pay or an additional day off with pay for his birthday while on vacation, October 10, 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 were given due notice of hearing thereon.

The facts, evidence and argument present in this case are substantially the same as those presented in Award No. 5552; therefore, the issue has been disposed of, and no useful purpose would be served by disturbing the precedent now firmly established.

AWARD Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of SECOND DIVISION

Dated at Chicago, Illinois, this 30th day of October, 1968.