C:\AWARDS\OUT\2-05910.htm

Award No. 5910 Docket No. 5679 2-N&W-MA= 70

NATIONAL RAILROAD ADJUSTMENT BOARD

SECOND DIVISION

This Second Division consisted of the regular members and in

addition Referee Arthur Stark when award was rendered.

PARTIES TO DISPUTE

SYSTEM FEDERATION No. 16, RAILWAY EMPLOYES'

DEPARTMENT, AFL-CIO

(MACHINIST)

NORFOLK AND WESTERN RAILWAY COMPANY

DISPUTE: CLAIM OF EMPLOYEES:

1. That under the terms of the current agreement, carrier improperly denied Claimant birthday holiday compensation which fell during his assigned vacation period.

M. T. Sink - Machinist

Birthday-December 26, 1966 East End Shop

Roanoke, Virginia

2. That accordingly, the carrier be ordered to compensate the aforesaid employe eight (8) hours at the straight time rate as birthday holiday compensation.

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 dis>ute are respectively carrier and employe within the meaning of the Railway ~abor 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 this claim will be sustained. iimilar claims on this property were sustained in Awards 6751, 6752 and 6819. AWARD

Claim sustained. NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division

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

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