NATIONAL RAILROAD ADJUSTMENT BOARD

SECOND DIVISION

The Second Division consisted of the regular members and in

addition Referee Paul C. Dugan when award was rendered.

SYSTEM FEDERATION NO. 22, RAILWAY EMPLOYES'

DEPARTMENT, AFL-CIO (Carinen

ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY

DISPUTE: CLAIM OF EMPLOYES:

1. That the current agreement was violated when the Carrier failed to compensate Carmen J. D. Montgomery, Clyde Munson, R. W. Weisman, L. L. Keithley, Hilmer C. Winter and Fred Newton each for holiday pay of eight hours for December 25, 1963 and January 1, 1964.

2. That accordingly the Carrier be ordered to compensate the above named Carmen eight (8) hours pay for December 25, 1963 and eight (8) hours pay for January 1, 1964.

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 were given due notice of hearing thereon.

This holiday pay dispute for Christmas Day, December 25, 1963, and New Year's Day, January 1, 1964, involves (a) the provision of whether all five claimants herein were "available" for service under the provision of Section 3, Article III of the 1960 Agreement, and (b) whether the claim of Carman Helper Newton is properly before this Board for failure to be included in the appeal to the highest designated officer of the Carrier.

Carrier's position that the claimants were not "available" for service because of failure to comply with the provisions of Article IV of the August

AWARD