THIRD DIVISION
(Supplemental)
(1) The Carrier violated the Agreement when it failed and refused to allow certain hourly rated employes (identified in the attachment hereto) eight hours' straight time pay for the Washington's Birthday holiday of 1961.
(2) Each of the claimants be allowed the exact amount of monetary loss suffered because of the violation referred to in Part (1) of this claim.
following such holiday or if the employe is not assigned to work but is available for service on such days. If the holiday falls on the last day of a regularly assigned employe's work week, the first work day following his rest days shall be considered the work day immediately following. If the holiday falls on the first work day of his work week, the last work day of the preceding work week shall be considered the work day immediately preceding the holiday.
All others for whom holiday pay is provided in Section 1 hereof shall qualify for such holiday pay if on the work day preceding and the work day following the holiday they satisfy one or the other of the following conditions:
For purposes of Section 1, the work week for other than regularly assigned employes shall be Monday to Friday, both days inclusive, except that such employes who are relieving regularly assigned employes on the same assignment on both the work day perceding and the work day following the holiday will have the work week of the incumbent of the assigned position and will be subject to the same qualifying requirements respecting service and availability on the work days preceding and following the holiday as apply to the employe whom he is relieving.
The parties hereto are in accord that the handling of this dispute on the property fulfilled the applicable requirements of the Railway Labor Act and the time limit rule of the agreement.
OPINION OF BOARD: In this case 33 named employes are claiming holiday pay for Wednesday, February 22, 1961. Claimants were regularly assigned lourly rated employes who were laid off by the Carrier during the period February 17 to March 1, 1961.
On the basis of our decision in Award No. 14515, three claimants (No. 1 W. H. Albright, No. 11, G. C. Hawkins, and No. 15, Granville Bowman) did
not qualify for the holiday pay, as they did not have compensation for service paid them by the Carrier credited to eleven (11) or more of the 30 calendar days immediately preceding the holiday. Their claims are denied.
The remaining thirty named claimants met all the qualifying requirements of Article III of the August 19, 1960 Agreement. Their claims for February 22, 1961 are accordingly sustained.
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 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