The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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.
Claimants, regularly assigned Machinists, were furloughed on November 25, 1991. Carrier did not allow them Thanksgiving Holiday pay for November 28 and 29, 1991, on the grounds that their furlough status was indefinite and they were not available for service on the day preceding and the day following the Holidays. Form 1 Award No. 12695
The Organization contends that Claimants qualified for Holiday pay on the basis that their furlough made Claimants "other than regularly assigned" at the time of the Holidays, and as such they satisfied the requirements of Article II, Section 1, Paragraphs B and C, of the Holiday Agreement, because they had 60 calendar days of continuous service and received compensation on 11 or more of the 30 calendar days preceding the Holidays.
The Board concludes that the language of the Holiday Agreement supports the organization in this matter. Claimants were "other than regularly assigned" on the Holidays involved. As such, the tests developed in Article II, Section 1 paragraphs B and C of the September 2, 1969 National Agreement, are applicable to a determination as to their Holiday pay entitlement. It has not been argued that these tests were not satisfied. Accordingly, their claims will be sustained.