NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20725

THIRD DIVISION Docket Number CL-20702

Irwin M. Lieberman, Referee

(Brotherhood of Railway, Airline and Steamship ( Clerks, Freight Handlers, Express and ( Station Employes PARTIES TO DISPUTE: (Delaware and Hudson Railway Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7569) that:

1. Carrier violated the Agreement when it failed to compensate Extra Telegrapher H. J. Vredenburg holiday pay for Good Friday, April 20, 1973, and that

2. Claimant H. J, Vredenburg be compensated for holiday pay at pro rata rate of the last position worked before the holiday as Agent at Cohoes, New York.

OPINION OF BOARD; Claimant, with a seniority date of June 22, 1970, was

an extra telegrapher who also performed service as an

extra train dispatcher. In the thirty day period preceding the April 20,

1973 Good Friday Holiday he worked seven days as a train dispatcher and five

days as a telegrapher. Ile also performed service as an extra train dispatcher

on April 21, 1973. Claimant was refused holiday pay as a telegrapher for

Good Friday resulting in the dispute and claim herein.

Section 1 of Article II of the Agreement of August 21, 1954, as amended effective January 1, 1968, deals with holidays. Section 1(c) provides:

"...shall be eligible for the paid holidays or pay in lieu thereof provided for in paragraph (b) above, provided (1) compensation for service paid him by the carrier is credited to 11 or more of the 30 calendar days i=nediately preceding the holiday and ...."

Carrier's position is that since Claimant did not have eleven or more days of compensated service as a telegrapher during the thirty days immediately preceding the h Good Friday, April 20, 1973. No other basis for the denial of holiday pay was cited, and it is assumed that Claimant qualified under the rules in all other respects.

The same issue has been before this Board on a number of occasions. In Awards 11317, 16457 and 18261 telcgra?hers who also worked as extra dispatchers ware involved, ju

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Award Number 20725 Page 2

Docket Number CL-20702

"The effect of these decisions is that the rule makes no qualification with respect to the source of the compensation paid by the Carrier and credited to the employes' regular work days immediately preceding and following the holiday. And since only one exceptica.- that with respect to sick leave payments - is expressed, no other or further exceptions may be implied. Such decisions cannot be characterized as palpably erroneous; therefore, precedent."

In this dispute, we shall reaifi:za the principle. that any compensation received by employes, regar must be sustained.

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

That the Agreement was violated.

A W A R D

Claim sustained.

NATIONAL RAILROAD ADJUSTINMT BOARD

By Order of Third Division

ATTEST:

1041, j$f1e

Executive Secretary's

Dated at Chicago, Illinois, this 16th day of May 1975.