STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Union Pacific Railroad (South Central and Northwestern Districts) that:
EMPLOYES' STATEMENT OF FACTS: There is in full force and effect a collective bargaining agreement between the Union Pacific Railroad Company (South Central and Northwestern Districts), hereinafter referred to as Company or Carrier and The Order of Railroad Telegraphers, hereinafter referred to as Employes or Telegraphers. The Agreement was effective January 1, 1952 and has been amended. The agreement and all amendments thereto are included, by reference, in this Submission.
The dispute herein set forth was handled on the property in the usual manner to the highest officer designated by Carrier to handle such disputes, in accordance with the Railway Labor Act, as amended. The Carrier refused to adjust the dispute on the property. This Division of the National Railroad Adjustment Board has jurisdiction of the parties and the subject matter, as provided in the Railway Labor Act, as amended.
Paul W. Blair was the regular incumbent of position of TelegrapherClerk, Kenton, Oregon, with assigned hours of 12:01 A. M. to 8 A. M. His work week was as follows:
rata day's pay on designated holidays in addition to payment of time and onehalf for any service performed on a holiday.
Telegrapher Naegeli was not the regularly assigned employe on the position filled by him on July 5, 1954, and, consequently, cannot possibly be entitled to the payment of a pro rata day's pay required to be paid to regularly assigned employes.
The claim in this case is clearly an attempt on the part of the Organization to enlarge the provisions of the August 21, 1954 Agreement by asserting payment for an extra telegrapher that is only provided for regularly assigned employes in the Agreement.
The Carrier has shown that extra Telegrapher H. R. Naegeli was paid exactly in accordance with working agreement and the August 21, 1954 Agreement rules.
The claim for payment of an extra pro rata day to extra Telegrapher Naegeli for July 5, 1954, at Kenton telegraph office should be denied.
All data used in this Response to Notice of Ex Parte Submission are of record in correspondence and/or have been discussed in conference with the Organization's representatives.
OPINION OF BOARD: This case involves the claim of an extra employe to holiday pay allegedly due him under Section 1, Article II of the August 21, 1954, National Agreement. In numerous Awards the Second and Third Divisions of this Board have held that "regularly assigned" employes, as that term has been traditionally understood in the railroad industry, are the only employes covered by said provision. See Third Division Awards 7430, 7431, 7432 and 7721; Second Division Awards 2052, 2169 and 2297. Claimant was not a regularly assigned employe. Nor does Claimant receive support from Rule 9 of the Parties' Collective Agreement.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties of this dispute due notice of hearing thereon and upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and