Claimants each received one day's pay at straight time for the holiday not worked.

"There is nothing in the agreement which requires the carrier to work regularly assigned employes on holidays when their services are not needed.

"The purpose of the holiday rule was to give a regularly assigned employe a holiday without a loss of take-home pay. Such was realized here.

"Claim denied." (Emphasis ours.)

In conclusion, Carrier urges that under the current agreement it was within its rights blanking claimant's position on the two holidays involved in this dispute. He was paid for the holiday pay the existing rule provides. There was no violation of the agreement when the position was blanked on Labor Day and Thanksgiving Day in 1957, and the take-home pay of claimant was not affected in any way by blanking those holidays.

OPINION OF BOARD: Claim was made that the Carrier violated the Agreement when it blanked the Agent-Telegrapher position at Clifton Springs, New York on Monday, September 2, 1957 (Labor Day) and Thursday, November 28, 1957 (Thanksgiving Day).

The agreed to facts are:

1. William Peisher, Agent-Telegrapher, is the owner of this assignment, a seven day position.

2. His regular assigned workdays are Thursday, Friday, Saturday,

Sunday, and Monday, and assigned rest days are Tuesday and Wednesday of each week.

3. He did not work Monday, September 2, 1957 or Thursday, November 28, 1957 but was paid 8 hours at the straight rate for each date.

4. He now asks to be paid an additional eight hours for each day at the time and one-half the hourly rate.

The question presented is: "Has the Claimant a demand right to work his regular assignment on September 2, 1957 (Labor Day) and November 28, 1957 (Thanksgiving Day) and thus receive penalty pay or may the Carrier blank the position and discharge its obligation to Claimant by paying him holiday pay while not working him?"

Contention is made by the Claimant that Carrier in blanking the position on the day in question violated:

"Rule 11-Guarantee-Suspension From Work

"(a) A regularly assigned employe shall receive one day's pay within each twenty-four (24) hour period, according to position occupied or to which entitled, if ready for service and not used, or if required on duty less than eight (8) hours on his position, except on his rest days when occupying positions covered by Section 1 (d) ~f

Rule 7, or on his rest days and holidays when occupying positions covered by Section 1, (b) and (c) of Rule 7.

"(b) Employes will not be required to suspend work during regular hours or to absorb overtime."

"Rule 7-Rest Days, Relief Assignments and Holiday Service

"Section 1. (d) Seven-day Positions

"On positions which have been filled seven days per week, any two consecutive days may be the rest days with the presumption in favor of Saturday and Sunday."

asserting that the only exception to non-payment permitted under this rule is "on his rest days only".

That the Carrier has the right to blank these holidays has been established by this Board. Confirm Awards 8539 (Coburn) and 9474 (Grady) and others.

Accordingly, Rule 11 cited is a guarantee to employes "ready for service and not used" of a full pay check not a guarantee Carrier will provide them with work.

Award 7136 (Carter) quoted Second Division Award No. 1606 as follows:

"To us their agreement means in respect to working employes on holidays, the Carrier has two alternatives: it may work them or it may not. If it chooses the former alternative, it incurs a penalty in the form of paying time and one-half rate for the holiday hours worked."

"The above most certainly means that if the Carrier elects to not work the employe, there is no obligation to pay the man anything other than what he might be entitled to as holiday pay under the August 21, 1954 Agreement."

Claimant has been paid that to which he is entitled-holiday pay at the straight time rate. Conform Award No. 10594 (Hall) and 11253 (Miller).

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

That the parties waived oral hearing;

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 has not been violated.

AWARD