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. 16, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. - C. I. O.
(CARMEN)
NORFOLK & WESTERN RAILWAY COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That the Norfolk & Western Railway Company violated the
controlling agreement when it denied painter J. R. Wall, Jr.,
eight (8) hours compensation at the pro rata rate for December
15, 1965, his birthday which occurred during his assigned vacation
period.
2. That accordingly the Norfolk & Western Railway Company
be ordered to compensate J. R. Wall, Jr., eight (8) hours at
the pro rata rate for December 15, 1965, his birthday, for 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 question involved in this dispute is identical to the question in
Award 5710. Therefore, for the reasons set out in Award 5710, this claim
kvill
be denied.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
4TTEST: Charles C. McCarthy
Executive Secretary
Dated at Chicago, Illinois, this 6th day of June, 1969.
'entral Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.