°965 Award No. 5648
Docket No. 55766
2-GN-MA-' 69





The Second Division consisted of the regular members and in

addition Referee Gene T. Ritter when award was rendered.


PARTIES TO DISPUTE:

SYSTEM FEDERATION NO. 101, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Machinists)





1. The Carrier violated the agreement between the parties when it failed to properly compensate Machinist L. Atchison and Machinist Helper S. T. Dirilo eight (8) hours' birthday-holiday pay while on annual vacation on August 14, 1966 and July 18, 1966, respectively.



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.



The issue contained in this dispute is identical to the issue presented in Award 5645. Therefore, this Claim will be denied for the reasons set out in said Award.






ATTEST: Charles C. McCarthy
Executive Secretary

Dated at Chicago, Illinois, this 20th day of March, 1969.

Keenan Printing Co., Chicago, 111. Printed in U.S.A.