NATIONAL RAILROAD ADJUSTMENT BOARD
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. L O (Carmen)
NORFOLK & WESTERN RAILWAY COMPANY
DISPUTE: CLAIM OF EMPLOYEE:
1. That the Norfolk and Western Railway Company violated the
controlling Agreement when it denied Car Repairer S. E. Crawford eight (8) hours compensation at the pro rata rate for
November 29, 1966, his birthday, which occurred during his assigned vacation period.
2. That accordingly, the Norfolk and Western Railway Company be
ordered to compensate S. E. Crawford, eight (8) hours at the pro
rata rate for November 29, 1966, 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 6710. Therefore, for the reasons set out in Award 5710, this claim
will be denied.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: Charles C. McCarthy
Executive Secretary
Dated at Chicago, Illinois, this 6th day of June, 1969.
Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A