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.
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 114, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Machinists)
SOUTHERN PACIFIC COMPANY
(Pacific Lines)
DISPUTE: CLAIM OF EMPLOYES:
1. That the Southern Pacific Company violated the controlling
agreement, particularly Article II, Section 6 of the February 4, 1965
Agreement.
2. That accordingly the Southern Pacific Company be ordered
to additionally compensate Machinist Milton DeFrank eight (8) hours
at the pro rata rate for December 15, 1966, his birthday, which occurred 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.
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.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Charles C. McCarthy
Executive Secretary
Dated at Chicago, Illinois, this 20th day of March, 1969.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.