7'-rm 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6404


        The Second Division consisted of the regular members and in addition Referee Irving T. Bergman when avmrd was rendered.


                { System Federation No. 97, Railway Employes'

                { Department, A. F. of L. - C. I. 0.

Parties to Dispute: ( (Sheet Metal Workers)

                ( The Atchison, Topeka and Santa Fe Railway Company _

                { -Coast Lines -


Dispute: Claim of Employes:
        That Sheet Metal Worker L. R. Bradshaw (hereinafter referred to as the Claim--iat) be additionally compensated in the amount of twelve (12) hours at his established rate.


        Furthermore, in addition to any amountsclaimed herein, the Carrier shall pay the Claimant an additional amount of 6% per annum compounded annually on the anniversary date of this claim.


_ndings:
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 waived right of appearance at hearing thereon.


        The Organization contends that claimant was entitled to twelve hours pay

at the pro rata rate for working on a holiday pursuant. to Rule 6(b) of the Agreement between the partxcs effective August 1, 1945. It contends also that Section 4 of Article II oi' the Mcdieion Agreement, Case No. A-843% dated September 2, 1959, added nothing, to and did not change Rule 6 (b ), : in providing that employes working on a holiday shall not receive more than one time and one-half payment for service, in addition to his holiday ~ce,-r. The argument is then made that on top of this., the Carrier east pay double the basic straight tire .Mate to emnloyes who work the second of their rect dv-.y,provided th_^.t he has worked all his assigned hours 3.n that week arid has also worl>ed the first rest day of that work week, Public Law 91-226, dated December 4, 1.969, signed April 9 , 1970.
 Form 1 Award No. 6404
 Page 2 Docket No. 6237
 2-AT&SF-SMa'72

                                                                i

        Carrier has argued that the work having been performed on July 4, 19700

payment was subject to the Mediation Agreement as far as it applies and to the
 Public Law as it applies. It reasons that the claimant has qualified for double
 his basic straight time rate by Public Law 91-226. Also., it insists that this is
 the only reason that double time pay may be granted; that if it were not for this
 law, claimant would be limited to one and one-half payment for service on a holiday
 under the Mediation Agreement, in addition to holiday pay.

 Second Division Awards No. 6276 and 634$ have been referred to. Each-,- " provides a rationale to support the Carrier's position. It is not necessary to repeat the analysis set forth in those Awards. In addition, we hope to make the opinion of this Board more convincing by pointing out that by the language of both the Mediation Agreement and the Public Law, no other result may- be reached.-.. We find that the Mediation Agreement allows payment of no more than one and one-half"- ' times plus holiday pay for working on the holiday. We also find that the Public Law, which came later stretched payment for working cn e, holiday to double time provided that an employe qualifies for the double payment by working on a holiday when it is also his second day of rest. There is no language in either the Mediation Agreement or the public Law which adds to this.

                        A W A R D


        Claim denied.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Second Division °.


Attest:

 ., . C.·~r. '/t·,·:yi/. .

        Executive Secretary


        Dated at Chicagg. Illinois, this 16th day of November, 1972.