Frederick R. Blackwell, Referee


          (Brotherhood of Railway, Airline and Steamship Clerks, (Freight Handlers, Express and Station Employee ((Formerly Transportation-Communication Division, BRAC) PARTIES TO DISPUTE: (Missouri-Kansas-Texas Railroad Company


            STATEMENT OF CLAIM: Claim of the General Committee of the Transportation

            Communication Division, BRAC, on the Missouri-Kansas

            Texas Railroad Company, T-C 5813, that:


          1. Carrier violated the provisions of the Telegraphers' Agreement by failing to properly compensate Telegrapher-Leverman T. W. Brown and W. H. Gooch, South Tower, Muskogee, Oklahoma, for their birthday-holidays, i.e., March 19th, 1970 and April 5th, 1970, respectively, which fell on an assigned work day of their respective work weeks during their granted vacation period.


          2. Carrier shall now compensate claimants Brown and Gooch in the amount of $14.08 each, which is the existing shortage and difference between the amount claimed (eight hours pro-rata rate and eight hours punitive rate) and the amount allowed (eight hours pro-rata "vacation pay" and eight hours pro-rata (birthday-holiday pay").


                      OPINION OF BOARD: This dispute arises under Agreement between the parties dated September 1, 1949, as amended and supplemented.


          While on vacation claimants' birthdays fell on assigned work days of their respective work weeks and their positions were worked on such days. They were paid eight hours pro rata for their birthday-holiday and eight hours pro rata for their vacation days. Petitioner contends claimants are entitled to time and one-half for the vacation days under Article 7(a), December 17, 1941 Vacation Agreement and Interpretation dated June 10, 1942.


          Carrier contends its method of payment conformed with the combined text of the National Agreement dated December 28, 1.967 (Art. III, Sec. 3 (b)) and the Agreement dated November 20, 1964 (Art. II, Sec. 6 (a)), and with its policy of blanking on birthday holidays. An August 14, 1970 letter of Carrier's Personnel Manager makes referer_ce to the text in Sec. 6 (a) of the 1964 Agreement which states that "if an employee's birthday falls on other than a work day of the workweek of the individual employee, he shall receive eight hours' pay at the pro-rata rate of the position to which assigned, in addition to any other pay to which he is otherwise entitled for that day, if any." The letter then states that the birtt:dajs "fell on other than a work day, i. e., a vacation day, and they were allowed eight hours' pay at


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                    Award Number 19617 Page 2

                    Docket Number TE-19434


pro rata for their 'birthday holiday', and eight hours' pay at the pro rata rate for their vacation pay." The rulings in Awards 15722 (Miller) and 15910 (McGovern) are contrary to the contention in the letter and we believe these Awards are diapositive of this aspect of the matter.

 With respect to whether the positions had to be blanked in order to justify Carrier's method of payment, or whether, as Carrier contends a policy of blanking is sufficient justification, it appears that prior Awards have both rejected and sustained Carrier's position. In the circumstances of this particular case we believe Award 17200 (Meyer) is in general accord with Carrier's position and we shall dismiss the claim.

        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 Employer involved in this dispute are respectively Carrier and Employer 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 not violated.


                    A WAR 0


        Claim dismissed.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 27th day of February 1973.