NATIONAL RAILROAD ADJUSTMENT BOARD

SECOND DIVISION

The Second Division consisted of the regular members and in

addition Referee Paul C. Dugan when award was rendered.

DISPUTE: CLAIM OF EMPLOYES:

1. That the New York Central Railroad Company violated the controlling Agreement, when they refused to compensate Laborer Ben Barkley, for his birthday holiday, July 15, 1965, which was also a vacation day of his vacation period.

2. That accordingly the Carrier be ordered to additionally compensate Laborer Ben Barkley for eight (8) hours at the straight time rate of pay for his birthday holiday July 15, 1965, while on vacation.

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 waved right of appearance at hearing thereon.

Claimant contends that Section 6, Article 11 of the November 21, 1964 Agreement entitled him to an additional birthday pay of 8 hours at the pro rata rate inasmuch as his birthday occurred while he was on vacation, although he was paid vacation pay for said birthday. Similar issue and agreements were thoroughly discussed in Award Nos. 5230, 5328, 5414, 5454 and 5468, and finding said Awards not palpably erroneous and controlling in this dispute, we are compelled to deny the claim.

AWARD Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of SECOND DIVISION

Dated at Chicago, Illinois, this 26th day of November, 1968.