C:\AWARDS\OUT\2-05906.htm

Award No. 5906 Docket No. 5698 2-C&NW-CM-'70

NATIONAL RAILROAD ADJUSTMENT BOARD

SECOND DIVISION

The Second Division consisted of the regular members and in

addition Referee Arthur Stark when award was rendered.

PARTIES TO DISPUTE:

SYSTEM FEDERATION No. 12,

RAILWAY EMPLOYES' DEPARTMENT, A.F.L.-C.I.O.

(CARMEN)

CHICAGO AND NORTH WESTERN RAILWAY

COMPANY

)ISPUTE: CLAIM OF EMPLOYES:

1. That the Chicago & North Western Ry. Co. violated Article II, Section 6, of the November 21, 1964 Agreement.

2. That accordingly, the Chicago & North Western Ry. Co. be ordered to compensate Carman, Harry J. Muryn, eight (8) hours at the pro rata rate of his position for his birthday, July 17, 1967, while on vacation, which was denied.

FINDINGS: The Second Division of the Adjustment Board, upon the vhole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this lispute are respectively carrier and employe within the meaning of the Railvay Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute nvolved herein.

Parties to said dispute waived right of appearance at hearing thereon.

For the reasons stated in Award No. 5904 we will deny this claim. A imilar claim on this property was denied by the Board in Award 5473.

AWARD

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division

1TTEST: E. A. Killeen
Executive Secretary )ated at Chicago, Illinois, this 17th day of April, 1970.
lentral Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.

906 1