NATIONAL RAILROAD ADJUSTMENT BOARD
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)
SOUTHERN RAILWAY COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That the Southern Railway Company violated the Agreement
of April 3, 1965, when they denied Birthday-Holiday pay to R. A.
Eubanks, M. R. Sargent, D. T. Barclay and I. E. Crow, machinists,
Atlanta, Ga., on their respective birthdays during their assigned
vacation periods in 1965.
2. That accordingly, the Southern Railway Company be ordered
to compensate Machinist Eubanks, Sargent, Barclay and Crow in
the amount of eight (8) hours' pro rata pay for their respective
birthdays.
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 birthday-vacation dispute is similar to the issue and agreements
involved in Award Nos. 5230, 5414, 5454 and 5468, and inasmuch as it is
our opinion said Awards are controlling in deciding this dispute, and since
we feel that it is not necessary to reiterate the reasoning and conclusions
set forth in said Awards, we must deny the claims.
AWARD
Claims 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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