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 (Machinists)
THE CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC
RAILWAY COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That the Cincinnati, New Orleans and Texas Pacific Railway
Company violated the Agreement of April 3, 1965, when they denied
Birthday-Holiday pay to J. R. Roueche, Machinist, Tuesday, November 23, 1965, at Chattanooga, Tennessee.
2. That accordingly, the Cincinnati, New Orleans and Texas
Pacific Railway Company be ordered to compensate Machinist
Roueche in the amount of eight (8) hours' pro rata pay for
November 23, 1965, his birthday.
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 issue herein, whether or not Claimant is entitled to an additional
day's pay for his birthday falling on a workday of his workweek while on
vacation, is similar to the issues and agreements involved in Award Nos.
5230, 5414, 5454 and 5468, and finding said Awards controlling in this
dispute, we must deny the p:~titioner's 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.
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