Dispute: Claim of Emploves:


              1. That under the current;agreement, the Carrier improperly compensated Cayman E. P. Allman and H. N. Lively for November 25, 1971, Thanksgiving qty, while they were on vacation.


. 2. That accordingly, the Carrier be ordered to additionally
 compensate the aforesaid employees four (4) hours each at
 straight time rate of pay.

 - 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 employee 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 Thanksgiving Holiday fell on a day during the vacation period

      of claimants. Part of the force was assigned to work on the holiday and

      received tine and one half pay for the hours worked. Claimants received

      their regular pay while on vacation and in addition were paid for the

      holiday. They contend that if they were not on vacation they would have.

      worked on the holiday at overtioie rate of pay and they should be no

      worse off because they were on vacation.

      Carrier had the right to blank theholiday. This was apparent from

      the notice posted, dated November 11, that: "Account Thursday, November

      25, 1971, being observed as legal holiday, only such forces as are

      necessary will work on that date." Only ten of twenty regularly assigned

      eareren worked on the holiday although all would have worked if it were

      v not a holiday. No protest or claim was filed by the Organization to

      either the notice or the failure of ten carmen to have work assigned

      to they on the holiday.

Form 1
 Page 2

 Award No. 6748
 Docket No. 6522
 2-SCL-CH-1 74

 Carrier has maintained from the beginning that holiday, overtime is not assigned overtime. That employes are not assigned by bulletin or agreement to work on holidays when holidays fall on a work day of their work week.

 The Petitioner has presented no evidence whatsoever to support its contention that:

 "Further, the Carrier at Sanford, Florida, by practice, has
 filled all positions seven day assignments on holidays with the regularly assigned occupant of such position. Had the claimants not been on vacation, they would have worked their regularly assigned positions on the holiday and they would have been compensated eight (8) hours holiday pay and eight (8) hours time and one-half for working the holiday."

 The Petitioner cites no contract provision, no bulletins or instructions of any kind or any other evidence in support of its contention. It is well settled that the burden is upon the Petitioner to prove all essential elements of its claim. See Second Division Awards: 5169, 5291, 5300, 5309, 5340, 5481, 5534, 5577, 5882, 6122, and 6369.

 This Board has consistently denied claims of this nature arising under Article 7(a) of the National. Vacation Agreement when the Petitioner has failed to shoal that holiday work was assigned work, and it was worked from an overtime board. See Second Division Awards: 2212, 2339, 2571, 2663, 3017, 3118, 3284, 3551, 3557, 3563, 3866, 5283, 4504, and 5903.

 A WA R D
Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second `Division


Attest: Executive Secretary
 National Railroad Adjustment Board

 - -a ~':~
 SY
      oa aerie Brasch - Administrative Assistant


Dated at Chicago, Illinois, this 30th day of July, 1974.