NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

(Supplemental)

Nicholas H. Zeroes, Referee

THE DETROIT AND TOLEDO SHORE LINE RAILROAD

COMPANY

(1) The Carrier violated the Agreement when it failed and refused to allow "holiday pay" for Labor Day, 1964 to each employe named in the * "Note" hereto (System File D-HP-1).

(2) Each employe named in the * "Note" hereto be allowed eight hours' pay at his respective pro-rata rate as reimbursement for the monetary loss suffered because of the violation referred to in Part (1) of this claim.

* NOTE:

Thurman Billmire Conrad Braden Onza Rose

H. V. Kitts C. Billmaier Ledford Sandifer

Fred Kitts Chester Czarnik John Maddox

Dmitar Hritzishin Chas. Douglas E. S. Burt

Clement White Oscar Massingill Howard Schenavar

Phil Corathers Francis Sanerant Henry Ellison

Edwin C. Nagel Wymer Sharpe Lewis LaVigne

Ruby Rowe Robert Ronders James Brooks

Pedro Martinez Howard Stroud Richard Thibault

Sanford Moore Dewey Fleeman Wilson England

J. D. Douglas Fuson Hammac Frank England

Justino Garcia Ralph Norton Samuel Cox

Miguel Rubiani Chas. Saxton

OPINION OF BOARD: Because of a strike, Carrier issued a bulletin notice to Petitioner abolishing all assignments held by the Claimants from .September 4-9, 1964. This included the Labor Day holiday, September 7.

Claimants, hourly rated employes contend that under Article III of the August 19 1960 National Agreement, they are entitled to be compensated for the Labor Day holiday.

Carrier contends that Claimants were not available for service by reason of the fact that their positions were abolished for the duration of the strike.

This Board has held on numerous occasions that under circumstances such as this, Claimants were "available for service", and that the requirements of Article III of the August 19, 1960 National Agreement were satisfied. See Awards 14730, 14635, 14515 through 14524, 14431, 14390 and 14365.

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 was violated.

AWARD