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 Illinois Central Railroad Company violated Article lI, Section 6 (a) of the November 21, 1964 Agreement.

2. That accordingly, the Illinois Central Railroad Company compensate Carmen S. Youngblood and Henry Benton, eight (8) hours each, at the straight time rate of pay, for their birthdays 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 waived right of appearance at hearing thereon.

This claim for an additional day's pay for Claimants' birthday falling on a workday of Claimants' workweek while they were on vacation has been decided in Award Nos. 5230, 5414, 5454 and 5468, involving similar issues and agreements, and finding said Awards not palpably erroneous and controlling in this instant dispute, we must deny this claim.

AWARD Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of SECOND DIVISION

Executive Secretary