Award No. 5640 Docket No. 5573 2-GN-CM-'69

NATIONAL RAILROAD ADJUSTMENT BOARD

SECOND DIVISION

The Second Division consisted of the regular members and in

addition Referee Gene T. Ritter when award was rendered.

SYSTEM FEDERATION NO. 101, RAILWAY EMPLOYES'

DEPARTMENT, AFL-CIO (Carmen)

GREAT NORTHERN RAILWAY COMPANY

DISPUTE: CLAIM OF EMPLOYES:

1. That Carrier violated the agreement when it denied Carman James Winchell the right to work on his birthday, January 17, 1966.

2. That accordingly, the Carrier be ordered to compensate the claimant in the amount of 8 hours, at the rate of time and onehalf, account said violation.

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.

The factual situation and the issue presented herein are identical to Award No. 5639. Therefore, this claim will be denied for the same reasons as set out in said Award No. 5639. According to the findings the Agreement was not violated.

AWARD Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of SECOND DIVISION

Dated at Chicago, Illinois, this 7th day of February, 1969.