_ Award No. 5821
Docket No. 5668
2-N&W-CM- '69
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee John J. McGovern when award was rendered.
PARTIES TO DISPUTE
SYSTEM FEDERATION NO. 16, RAILWAY EMPLOYES'
DEPARTMENT, AFL - CIO
(Carmen)
NORFOLK AND WESTERN RAILWAY COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That the Norfolk and Western Railway Company violated the con-
trolling agreement when it denied Carman W. M. West, eight
(8) hours' compensation at the pro rata rate for September
20, 1966, his birthday which occurred during his assigned vacation period.
2. That accordingly the Norfolk and Western Railway Company
be ordered to compensate Carman W. M. West eight (8) hours'
at the pro rata rate for September 20, 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 facts and the issue presented in this case are identical to those in
Award No. 5818. For the reasons stated in that award, we will sustain the
claim.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST: Charles C. McCarthy
Executive Secretary
Dated at Chicago, Illinois, this 16th day of December, 1969.
Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.
5821