The Carrier violated the current National Vacation and Holiday Agreements, when it refused to properly compensate Clerk J. Slowinski for the Memorial Day Holiday, May 29, 1972 while off on vacation and the hoiiday occurring on a work day on the holiday.


        2. The Carrier shall now compensate J. Slowinski for eight (8) hours' pay, at the pro rata rate of his regularly assigned position in addition to the amount already received.


        OPINION OF BOARD: This holiday pay dispute arises from a situation in

        which the Claimant's position was worked on a holiday that fell on one of his assigned work days while he was on vacation. The Carrier paid the Claimant the equivalent of twenty (20) hours at straight time; this total includes eight hours straight time for the Claimant's holiday pay for Memorial Day, while the remaining twelve hours at straight time equates with the amount that the Carrier paid to fill his job which was eight hours at time and one-half. The Employees' contend that the proper pay was twenty-eight (28) hours at straight time comprised of the following:

    - ___ - _ -Eight (8) hours straight time for the vacation day;


              Eight (8) hours straight time for the holiday falling on one of his vacation days; and


              Eight (8) hours time and one-half (12 hours straight time) because his position was worked on the holiday.


        The difference between the two pay methods is that the Carrier believes that it is not obligated to pay vacation pay for a vacation day that falls on a holiday.


        The basic facts are not in dispute. The Claimant was a regularly assigned Train Clerk, Friday through Tuesday with rest days of Wednesday and

        Thursday.His scheduled vacation was for the period May 29 to June 4, 1972.


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                      Docket Number CL-20460


        The Memorial Day Holiday fell on May 29, Monday, which was one of his regularly assigned work days, and his position was worked on that date. The narrow issue thus raised is whether the facts concerning May 29, 1972, required him to be paid the equivalent of twenty (20) or twentyeight (28) hours at straight ti


        The Carrier asserts that twenty (20) hours is the same amount the Claimant would have received had he not been on vacation on the subject holiday and consequently with the text of Article 7(a) of the National Vacation Agreement which states that: " ..an employee having a regular assignment will be paid while on vacation the daily compensation paid by the Carrier for such assignment." The Employees' position is that their claim for twentyeight (28) hours is supported by Organization and Mr. J. W. Oxam, Chairman of the Eastern Carrier's Conference Committee.


        We are satisfied that the Employees' position is sound and that extensive discussion of the Agreement provisions is not necessary. Article III, Section 7(a) of the January 1, 1968 Agreement (new Section 7, to Article II of the Agreement of any recognized holiday falls during an hourly or daily rated employee's vacation period, "he shall, in addition to his vacation compensation, receive the holiday nay provided therein provided he meets the qualification requirements specified." (E tively so, by the Lowry-Oram correspondence which reads as follows:


                A. R. Lowry Letter of May 6. 1970


                SUBJECT: National Vacation and Holiday Agreements


                Under our current National Vacation and Holiday Agreements if an employee is off on vacation and on a work day of the employee's work week and the position works the holiday, to what compensation is the vacationing employee entitled for that holiday?


                J. W. Oram Letter of May 25. 1970


                Referring to your May 6th letter, Subject: National Vacation and Holiday Agreements, reading as follows:


.l.
                Award Number 20608 Page 3

                Docket Number CL-20460


        "Under our current National Vacation and Holiday Agreements if an employee is off on vacation and a holiday occurs on a work day of the employee's wo the position works the holiday, to what compensation is the vacationing employee entitled for that holiday?"


        Under the cited circumstances, assuming that he met the qualification requirements, such an employee would be eligible for eight hours for the vacation day, eight hours for the holiday falling on one of his vacation day time and one-half rate, or twelve hours, because his position was required to be worked on the holiday, or a total of twentyeight hours.


The Carrier notes that Mr. Oram makes no mention of any "specific provision" which supports his opinion, but the Carrier does not dispute the substantive import or accuracy of the opinion. The Board notes that Mr. Oram, as Chairman of the Eastern Carriers' Conference Committee, executed the January 1, 1968 National Agr issue in this dispute. Moreover, since the opinion which Mr. Oram rendered in his May 25, 1970 letter is patently against the economic interests of the Conference of Carriers, we can scarcely conceive of a more significant statement in support of the E Vacation and Holiday Agreements.

 In view of the foregoing, and on the whole record, we shall sustain 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 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
                Award Number 20608 Page 4

                Docket Number CL-20460


        That the Agreement was violated.


                  A W A R D


        Claim sustained.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: LG i , ~// J
 Executive Secretary

 Dated at Chicago, Illinois, this 21st day of February 1975.