NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Preston ]. Moore, Referee
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Norfolk Southern Railway, that:
1. The Carrier violated the Agreement between the parties when it failed and refused to pay Mr. B. W. Poe eight hours' pay at the pro rata hourly rate of the position to which assigned for each of the holidays, Christmas, December 25, 1956, and New Year's Day, January 1, 1957; and that
EMPLOYES' STATEMENT OF FACTS: Claimant B. W. Poe is the regularly assigned incumbent of the agent-operator's position at Brickhaven, North Carolina. Both the employe and position are subject to the Telegraphers' Agreement. The Claim involves the application of Article II of an agreement between the parties dated February 9, 19.55, which adopted provisions of national agreement of August 21, 1954. The Article provides for paid holidays, and reads as follows:
Effective May 1, 1954, each regular]y assigned hourly and daily rated employe shall receive eight hours' pay at the pro-rata hourly rate of the position to which assigned for each of the following enumerated holidays when such holiday falls on a work day of the work week of the individual employe:
This submission is being made in accordance with provisions of motion of the Third Division dated November 26, 1957, effective January 1, 1958, and carrier reserves to itself all the rights accorded it under provisions of said motion.
OPINION OF BOARD: Claimant B. W. Poe was the regularly assigned agent-operator at Brickhaven. North Carolina. He worked the day preceding Christmas and New Years in his regularly assigned position. He was off on the two holidays. He worked December 26 and January 2 as a Train Dispatcher. The Carrier declined holiday pay on the basis that Claimant did not qualify. Carrier contends that Section 3 of Article 11 contemplates workdays and compensation on employe under the coverage of an Agreement with an Organization which was a party to the Holiday Agreement. The Carrier holds that since Claimants service on both days succeeding the holidays was under the Train Dispatchers Agreement (who were not parties to the holiday agreement) that Claimant did not qualify for holiday pay.
We concur with the opinion expressed in Award No. 82 of Special Board of Adjustment No. 192, wherein it was held:
FINDINGS: The Third Division of the Adjustment Board, 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