STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the New York Central Railroad (Buffalo and East), that:
EMPLOYES' STATEMENT OF FACTS: There is in full force and effect a collective bargaining agreement between the New York Central Railroad Company (Buffalo and East), hereinafter referred to as Company or Carrier and The Order of Railroad Telegraphers, hereinafter referred to as Employes or Telegraphers. The Agreement was effective July 1, 1948 and has been amended. The agreement and all amendments thereto are included by reference in this Submission.
The disputes herein set forth were handled on the property as separate claims, but for convenience, since the issue is exactly the same, are submitted together. The claims were handled, 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 disputes 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.
On the 29th day of August, 1954, Telegrapher Zocchi was, by officers of Carrier, assigned to the position of Agent, Crestwood, New York, for the purpose of relieving F. J. Roselle, Agent, restwood, New York, for his vacation. Mr. Zocchi remained on the assignment from August 29, 1954 to September 11, 1954, inclusive.
sequently, the language of Article If, Section 1, of the August 21, 1954 Agreement limits the application of the entire Article to "regularly assigned employes. Stated differently, an employe failing to meet this one condition cannot qualify for holiday pay. It is just that plain and simple.
The carrier has shown your honorable Board by the facts herein above submitted, that the Claimants were "extra" employes not "regularly assigned" and were properly compensated for the work they performed on the holiday, September 6, 1954; that the controlling agreement limits the application of the holiday pay provisions to "regularly assigned hourly or daily rated employes".
All facts or arguments herein presented have been made known to the Employes.
OPINION OF BOARD: This case involves the claim of extra employes to holiday pay allegedly due them under Section 1, Article 11 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 7420, 7431, 7432 and 7721; Second Division Awards 2052, 2169 and 2297. Claimants were not regularly assigned employes.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to 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 respective ly 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