4W."s
Award No. 5662
Docket No. 5479
2-CNO&TP-MA-'69
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee George S. Ives when award was rendered.
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 21, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Machinists)
CINCINNATI, NEW ORLEANS & 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. B. Miller on Monday, July 18, 1966 at
Chattanooga, Tennessee.
2. That accordingly, The Cincinnati, New Orleans and Texas
Pacific Railway Company be ordered to pay Machinist Miller in the
amount of eight (8) hours' pro rata pay for Monday, July 18, 1966,
his birthday.
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 fundamental issue involved in this case is the same as that considered in Award 5468, which arose out of a like dispute under corresponding
provisions of a similar Agreement. Accordingly, we find our Award 5468
controlling in this case despite variations in dates, parties, names and locations which do not warrant repetitive discussion.
AWARD
Claim is denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Charles C. McCarthy
Executive Secretary
Dated at Chicago, Illinois, this 18th day of April, 1969.
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