Award No. 5907 Docket No. 5699 2-SOU-MA '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.

SYSTEM FEDERATION No. 21,

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

(MACHINISTS)

SOUTHERN RAILWAY COMPANY

1. That the Southern Railway Company violated the Agreement of April 3, 1965, when they denied Birthday-Holiday pay to J. B. Miller, Machinist, Tuesday, July 18, 1967 at Chattanooga, Tennessee.

2. That accordingly the Southern Railway Company be ordered to compensate Machinist Miller in the amount of eight (8) hours pro rata pay for July 18, 1967.

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

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

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

For reasons stated in Award No. 5904 this claim will be denied. Similar aims on this property were denied in Awards 5475, 5552, 5645, 5447, 6448 A 5592. (A claim was sustained in Award 5779.)

AWARD

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division