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. 57, RAILWAY EMPLOYES'
DEPARTMENT, AFL - CIO
(Carmen)
NORFOLK AND WESTERN RAILWAY COMPANY
DISPUTE: CLAIM OF EMPLOYES:
(1) That the Norfolk & Western Railway Co., violated Article 2,
Section 6 Paragraph (A), of the November 21, 1964 Agreement.
(2) That accordingly the Norfolk & Western Railway Co., compen
sate Car Oiler Charles Jenks eight (8) hours at pro rata rate
for his birthday while on vacation, which was 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 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.
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