The Second Division consisted of the regular members and in addition Referee A. Langley Coffey when award was rendered.
SYSTEM FEDERATION NO. 114, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (MACHINISTS)
EMPLOYES' STATEMENT OF FACTS: Claimant is regularly assigned at Carrier's Tucson Automotive and Work Equipment Shop, with a bulletin assigned workweek of Monday thru Friday, Saturday-Sunday rest days.
Claimant was on his scheduled vacation on the date of August 26, 1966, which date was a workday of his bulletin assigned workweek, also Claimant's Birthday-Holiday.
While Claimant was on his scheduled vacation his position was filled each and every day of his assignment's workweek. The employe filling the assignment was paid eight (8) hours at straight time rate while so used.
The record discloses that while on vacation Claimant was compensated eight (8) hours pay at pro rata rate for the date of August 26, 1966, as a day of his scheduled vacation, but was denied "an additional day's pay" for his Birthday-Holiday falling on the same date, as contemplated under applicable provisions of Article II, Section 6, of the February 4, 1965 Agreement.
This dispute has been handled up to and with the highest Carrier officer designated to handle such matters, with the result no adjustment can be effected on the property.
The National Agreements dated December 17, 1941 (Vacation Agreement as amended), and February 4, 1965, are controlling.
Carrier asserts the instant claim is entirely lacking in agreement or ether support and requests that it be denied.
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 employ es involved in this dispute are respectively carrier and employe within the meaning of the railway Labor Act as approved June 21, 1934.
The Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Claimant was regularly assigned during the period in question in position .3: Machinist at Carrier's Tucson A&WE Shop at Tucson, Arizona, rest days Saturday, Sunday and Holidays. He was scheduled for and observed his paid vacation August 1 to 26, 1966, inclusive, as scheduled. His birthday, Friday, August 26, 1966 would have been a regularly assigned workday for him if he had not been scheduled off for his earned vacation with pay as provided in the applicable Vacation Agreement.
"egal holidays that fall on a workday of an employee's work-week during is scheduled vacation period as provided in Article I, Section 3, Agreement August 21, 1454 and practices thereunder. Claim is made for an addi'ional 8-hour day at the pro rata rate as premium pay for Claimant's irthday-holiday and was denied by Carrier.
The fundamental issue in this case is, as Carrier states, whether or not Claimant is entitled to a second payment of eight hours at the pro rata rate of pay for his birthday which fell on a workday of his work-week during his scheduled vacation period.
The same issue was before the Division in Dockets 5506, 5507, 5508 and was decided adversely to Carrier's contentions by sustaining Awards 5753, 5754 and 5755, respectively. See also, Docket 5616, Award No. 5751.