Article 14 of Memo Agreement with the Telegraphers dated July 25, 1949 the Agreement in effect on dates covered by the instant claim and captioned "Guarantees", reads:

"Regular assigned telegraphers will receive one day's pay within each twenty-four (24) hours, according to location occupied or to which entitled, if ready for service and not used, or if required on duty less than the required minimum number of hours as per location, except on assigned rest days and holidays.

This rule shall not apply in cases of reduction of forces nor where traffic is interrupted or suspended by conditions not within the control of the carrier." (Emphasis ours.)

That Article is now Rule 6 in the new agreement with the Order of Railroad Telegraphers, effective September 1, 1955.

The position of third trick telegrapher Montgomery not being scheduled or assigned to work on Holidays, Claims 3 and 4 are without merit and should be denied.

All data in support of Carrier's Position has been presented to the representatives of the Employes.

(Exhibits not reproduced.)

OPINION OF BOARD: This case presents a two-fold claim by Petitioner. In parts (1) and (2) claim is made on behalf of Telegrapher E. E. Kimel for holiday pay at pro rata rates for December 25, 1954 and January 1, 1955. Parts (3) and (4) protest the blanking of the third shift telegrapher's position at Montgomery, Minn. on the same two holidays.

Parts (1) and (2) of the claim pose the question as to whether Claimant was entitled under Article II, Sections (1) and (3) of the National Agreement of August 21, 1954, to holiday pay for said holidays.

In determining this claim certain special circumstances which were not present in Award 8053 must be considered. Unless these different circumstances dictate a different decision than that made in Award 8053, the holding in that Award must determine the disposition of Parts (1) and (2) of the instant claim.

The special circumstances involved here exist by virtue of the fact that Claimant filled the position at Montgomery for a period of approximately five months. It appears that Article 15 (c) of the applicable agreement obligated the Carrier to bulletin this position as a temporary vacancy after sixty days. Apparently this was not done. In view of these facts we have a situation essentially the same as that involved in Second Division Award No. 2173, where the claim for holiday pay was sustained when the Carrier failed to follow the bulletin rule with respect to such situations. Because of this special aspect of the instant case this part of the claim will be sustained for eight hours holiday pay at pro rata rate.

Parts (3) and (4) of the claim challenge the Carrier's action in blanking the position in question at Montgomery on December 25, 1954 and January 1 1955. From the record it appears that when this position has been bulletmed from time to time it was specifically provided that the position would not be worked on holidays. In view of this fact and in view of the provisions of Article 14 of the applicable agreement, parts (3) and (4) of the claim are without merit and must be denied. Tis finding is supported by numerous Awards of this Division. Awards 7033, 7136, 7137, 7294.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties waived hearing on this dispute; and

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

That the agreement was violated only to the extent indicated in Opinion of the Board.

AWARD