NATIONAL RAILROAD ADJUSTMENT BOARD

SECOND DIVISION

SYSTEM FEDERATION NO. 16, RAILWAY EMPLOYES'

DEPARTMENT, A. F. OF L.-C. I. O. (CARMEN)

NORFOLK AND WESTERN RAILWAY COMPANY

DISPUTE: CLAIM OF EMPLOYES:

1. That under the terms of the current agreement, the carrier improperly denied Carman Painter G. P. Moynihan eight hours' birthday holiday compensation for his birthday February 16, 1966 which fell during his assigned vacation period.

2. That accordingly the carrier be ordered to compensate the aforesaid employe eight hours at the straight time rate as birthday holiday compensation.

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 will be denied.

AWARD

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division