(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Central of Georgia Motor Transport Company



(a) Carrier violated the Agreement at Columbus, Georgia, when they failed to call Mr. J. G. Clements to work on Monday, May 31, 1971, (Memorial Day) and junior employe Mr. J. L. Gilliland was used to perform the work of

Mr. Clements' assignment.

(b) Carrier shall be required to compensate Mr. J. G. Clements for ten hours' pay at the rate of time and one-half for Monday, May 31, 1971,
(Memorial Day).

OPINION OF BOARD: Under the Agreement between Carrier and Petitioner, effec
tive November 1, 1970, Memorial Day is an observed holiday.
On Monday, play 31, 1971, Memorial Day, Claimant J. G. Clements was not called
and did not work. He alleges, however, that his regular assignment was worked
that day and that the work of his position was performed by another employee,
Mr. J. G. Gilliland, for ten hours on that date. Claimant contends that he
should be compensated at the holiday rate accordingly.

The provision of the Agreement relating to Holidays reads in pertinent part as follows:






Carrier declined to honor the claim primarily upon the ground that Claimant's position had been "abolished" on the holiday.

Careful examination of the authorities of this Board indicates that the Carrier has the right to blank a position on a holiday. But the evidence on the record before us in this case indicates that Claimant's position was




not blanked on Memorial Day, May 31, 1971. Rather, work of the position was performed on that day by another employee.

Under the authority of Awards 13087 (Ables), 13137 (Hamilton), 15375 (Engeletein), 15950 (Lynch) and 17952 (Devine) we will sustain Part (a) of the instant claim.

Part (b) of the claim seeks ten hours pay at the rate of time and one-half for the violation alleged in Part (a). The evidence in the record does not support a claim for more than eight hours. Accordingly, we will reduce Part (b) of the claim to eight hours pay at the time and one-half rate.

FINDINGS: The Third Divsion 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

        That the Carrier violated the Agreement.


                    A W A R D


        Claim sustained as indicated in the Opinion.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 25th day of January 1974.