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



1. Carrier violated the Agreement between the parties when on Monday, September 1, 1974, Labor Day, it did not properly compensate the following Dispatchers for working this legal holiday: R. B. Orange, Jr., L. D. Gregory, R. H. Gregory, H. R. Geiger, N.W. Baughan and F.F. Cansler.

 2. The Carrier shall now be required to properly compensate the above-named Dispatchers for the date of September 2, 1974, Labor Day, of an additional eight (8) hours at the time and one-half rate of pay to be based on the applicable Dispatcher's rate of pay attached to the position they worked on this date.

1. Carrier violated rules of the current Clerk-Telegrapher Agreement when Dispatchers J. W. Oliver, C.F. Steele and D. P. Chapman worked on holiday at straight time rate of the dispatcher position and should have been compensated at the time and one-half rate of the position for the holiday.

 2. Dispatchers J.W. Oliver, C. F. Steele and D. P. Chapman shall now be compensated eight (8) hours at the time and one-half rate of the position worked on January 1, 1974, at the monthly rate of $1,280.33.

                      Claim No. 3


1. Carrier violated the Agreement between the parties when it did not properly compensate the following Dispatchers F.F. Cansler, H.W. Gatling, N.W. Baughan, R. H. Gregory, A.E. Wood and H.A. Tyler for working Good Friday, April 12, 1974, a legal holiday.

 2. Carrier shall now be required to properly compensate the above-named dispatchers for the date of April 12, 1974, Good Friday, for an additional eight (8) hours at the time and one-half rate of pay to be based on the applicable Dispatcher's rate of pay attached to the positions at Crewe, Virginia.
                  Award Number 21407 Page 2

                  Docket Number CL-21127

                  Claim No. 4


1. Carrier violated the Agreement between the parties when on Monday, May 27, 1974, Memorial Day, and Thursday, July 4, 1974, Independence Day it did not properly compensate the following Dispatchers for working these holidays: Monday, May 27, 1974, Memorial Day, H. R. Geiger, R. B. Orange, S. G. Mann, R. H. Gregory, F. F. Cansler and H. W. Gatling. Thursday, July 4, 1974, Independence Day, S. G. Mann, W. W. Marsden, H. R. Geiger, R. H. Gregory, N. W. Baughan and H. A. Tyler.

 2. Carrier shall now be required to properly compensate the above-named Dispatchers for the dates of Monday, May 27, 1974, and Thursday, July 4, 1974, for an ad attached to the positions they worked on these dates, eight (8) hours for each date of each violation.

 OPINION OF BOARD: This dispute involves twenty-one (21) claims of
 monthly-rated train dispatchers for additional pay
 for working on four (4) legal holidays during 1974. Norfolk and Western
 train dispatchers working in Carrier's Atlantic and Pocahontas Regions are
 represented by BRAC and are included within the master agreement between
 N&W and BRAC effective April 1, 1973.

 Rule 40 of the parties' agreement is titled "Holiday Pay" and follows, with minor change not here critical, the Clerks' National Holiday Agreement first adopted on August 21, 1954 and amended seven (7) times thereafter. Rule 40 provides two methods of payment of holiday a one for hourly- and daily-ra a employes an another for monthly-rated emplrnres. Monthly-rated employes do not receive extra holiday pay, per se, for holidays that occur dur been added to their monthly rates to cover this. Thus, in practice, monthlyrated employes receive on monthly-rated employe who works all assigned workdays receives his full monthly rate. In months in which holidays do occur and the employe works all his assigned workdays except the holiday, he also receives his full monthly rate.

 The monthly-rated train dispatchers involved herein were required to work eight (8) hours on the four (4) named holidays in 1974. Such service is covered by Rule 39 of the April 1, 1973 Agreement. Rule 39 requires that work performed on legal holidays shall. be paid for at the rate of time and one-half. In the application of this rule monthly-rated employes are to be paid time and one-half for service performed on legal holidays in addition to their monthly rates. (Award 17225 - Criswell.)
                  Award Number 21407 Page 3

                  Docket Number CL-21127


The record before this Board is not clear as to precisely what amounts claimants were paid on the four (4) holidays involved. One reading lends itself to a conclusion that monthly-rated dispatchers did not receive any additional compensation for work performed on the holidays; another lends itself to the conclusion that dispatchers received eight (8) hours' straight-time pay as additional compensation for the work performed on the holidays. This, coupled with the fact that while the claims were pending on the property Carrier paid each claimant an additional four (4) hours' pay, compounds the confusion in the record.

 Under these circumstances we will remand the case to the parties with the directive that payroll records be examined to determine precisely what amounts claimants were paid, and if any claimant did not receive eight (8) hours' pay at time and one-half rates for work performed on the holidays involved in addition to his regular pay as produced by his monthly rate, such claimants shall have appropriate adjustments made.

        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 dispute should be remanded to the parties for settlement on the property.

                      A W A R D


        Claim remanded in accordance with Opinion and Findings.


                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By Order of Third Division


ATTEST:
        xecutive Secretary


Dated at Chicago, Illinois, this 18th day of February 1977.