STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6186) that:
EMPLOYES' STATEMENT OF FACTS: Claimant Mary McIntyre is the regular occupant of a seven day per week Train Clerk position, Monday through Friday, with assigned rest days of Saturday and Sunday.
On Tuesday, February 22, 1966, Washington's Birthday, which was also her birthday anniversary, Claimant was required to work her regular position in accordance with existing rules and practices thereunder. She was paid eight (8) hours at the pro rata rate as birthday pay, eight (8) hours at pro rata rate as holiday pay and eight (8) hours at the lr/z time rate for working on a holiday. The Carrier failed and refused to pay her eight hours at the time and one-half rate for work performed on the birthday holiday.
On March 5 1966, claim was filed with the Superintendent, Mr. J. Overbey and was declined on March 11, 1966. Employes' Exhibit Nos. 1 and 2.
On April 28, 1966, the claim was appealed to Vice President and Assistant General Manager, Mr. D. R. Turner and was declined on April 29, 1966. Employes' Exhibit Nos. 3 and 4.
On June 6, 1966, the claim was subsequently appealed to the Asst. to General Manager, Mr. C. M. Crawford, highest authority for appeals on the property and was denied on June 7, 1966. Employes' Exhibit Nos. 5 and 6.
CARRIER'S STATEMENT OF FACTS: Clerk Mary McIntyre did work on Washington's Birthday, February 22, 1966 which was also her birthday anniversary. For this work she was allowed eight hours pay at the pro rata rate for her birthday holiday, eight hours pay at the pro rata rate for the holiday, Washington's Birthday, and eight hours pay at the time and one-half rate for working on the holiday. The organization contends that Clerk McIntyre should be paid an additional eight hours at the time and one-half rate or two time and one half days' pay for one eight hour tour of duty plus the two straight time days allowed.
OPINION OF BOARD: Claimant was the regular occupant of a seven day per week Train Clerk position of the Carrier, Monday through Friday, with assigned rest days of Saturday and Sunday.
Tuesday, February 22, 1966, Washington's Birthday, a designated legal holiday, was also the Claimant's birthday, on which she was required to work eight hours. She was paid eight hours at the straight time rate for her birthday, eight hours at straight time for the legal holiday and eight hours at the rate of time and one-half for working the holiday. Claim is here made for an additional eight hours' pay at the rate of time and one-half for working en her birthday.
The same issue, as to the interpretation of Article II-Holidays, Sections 6(f) and (g) of the National Mediation Agreement executed November 20, 1964, has been adjudicated by this Board in Awards 14921, 14922, 15013, 15388, 15401, 15451, 15520. 15563, 15585, 15589, 15761, 15891, 15908, 15942 and 15949, among others.
FINDINGS: The Third Division of the Adjutinent 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