The Second Division consisted of the regular members and in
addition Referee Paul C. Dugan when award was rendered.
SYSTEM FEDERATION NO. 16, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)
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.
The issues herein in regard to holiday pay for New Year's Day, January 1, 1962, are twofold: (1) the question of "availability", and (2) whether Claimant met the "compensation for service" on 11 or more of the 30 calendar days immediately preceding the holiday in question.
The facts are that Claimant worked 10 workdays during the "30 calendar days" preceding the holiday and was on vacation from December 18 through December 22, 1961 and from December 25 through December 29, 1961. The issue as to "vacation pay" being computed as "compensation for service" pay was decided by this Division in Award 5102, and the question of "availability" under Article III, Section 3, of '60 Agreement was decided in Award 5061, and inasmuch as those awards are controlling in the instant case, we will .sustain this claim.