Frederick R. Blackwell, Referee


                        (Brotherhood of Railway, Airline and Steamship Clerks,

          ( Freight Handlers, Express and Station Employee PARTIES TO DISPUTE:

                        (Delaware and Hudson Railway Company


          STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7127)

                        that:


          1. Carrier violated the Agreement when on December 24, 1970 it abolished Clerks' positions one working day, Thursday, December 24, 1970, and that,


          2. Machine Operator-Yard Clerk, W. I. Hassett and Yard Clerk H. B. Chaplin be compensated at pro-rata rate of their monthly rated positions far December 24, 1970 and each day thereafter until violations are corrected.


          OPINION OF BOARD: Claimant Hassett was regularly assigned to the position of

          Yard Clerk #10, hours 11 pm to 7 am, with rest days of Tuesday and Wednesday. Claimant Chaplin w #15, same hours, with rest days of Sunday and Monday.


          On December 22, 1970, a notice of same date was posted at 8:30 am which read as follows:


                    "All Concerned:


                All Clerks positions working 11:00 P.M. to 7:00 A.M., December 24, 1970 and all Clerks positions working 7:00 A.M. to 3:00 P.M., 8:00 A.M. to 4:00 P.M. and 10:00 A.M. to 6:00 P.M. December 25, 1970 will be abolished for one day."


          Because of the above abolishment of their positions on December 24, neither claimant worked his regular position on that date. They claim straight time for the day not worked.


          The Board's prior Awards make it clear that the Carrier can blank positions on a holiday without Awards 7134, 7136, 7294 (all Carter), 8563 (Weston), 14597 (Ives), and 15568 (Hall). However, the Christmas holiday fell on Friday, December 25, whereas the positions herein were blanked the day before on Thursday, December 24. Accordingly, we shall sustain


:"~ ?'.::
                  Award Number 19705 Page 2

                Docket Humber CL-19754


        FI7~;DI1J:.S: 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 Lfiployes 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.


                      A W A R D


Claims sustained to the extent of one day straight time pay to each claimant.

                          NATIONAL RAILROAD ADJUSUSINT BOARD

                          By Order of Third Division


ATTEST: 4!r" Al 1504~'
        Executive Secretary


Dated at Chicago, Illinois, this 13th day of April 1973.