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.
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 21, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)
THE CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC
RAILWAY COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That the carrier violated the controlling Agreements, particularly the Agreement of April 3, 1965, when they denied birthday holiday pay to Carman R. H. Williams, Danville, Kentucky, for
November 10, 1965.
2. That accordingly, the Southern Railway Company be ordered
to compensate the aforesaid employe in the amount of eight (8)
hours' pay at straight time rate for his birthday as listed in part one
(1) of claim.
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.
This claim for an additional day's pay for Claimant's birthday occurring while he was on vacation is similar to the issue and agreements in
Award Nos. 5230, 5414, 5454 and 5468, and, inasmuch as we concur in the
reasoning and conclusions reached in said Awards, we must therefore deny
this claim.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Charles C. McCarthy
Executive Secretary
Dated at Chicago, Illinois, this 26th day of November, 1968.
Keenan Printing Co., Chicago, 111. Printed in U.S.A.