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NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 23398

THIRD DIVISION Docket Number (L-23149

Arnold Ordman, Referee

(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers. Express and Station Employee PARTIES TD DISPUTE: (Southern Railway Company

STATEMENT OF CLA24: Claim of the System Committee of the Brotherhood (GL-8887) that: '

Carrier violated the National Holiday Agreement (Addendum N-3) of the May 1, 1973 Agreement at Atlanta, Georgia rhea it declined to allow:

1. Ms. A. M. Elliott, Data Input Operator, holiday pay for December 25 and 26, 19'(7 after having qualified, therefor by performing compensated service for 3j hours on the workday preceding the holiday holiday., (December 27, lg~)iDecember 23, 1977) and 8 hours on the workday following the

2. Me. Geraldine Callahan, Data Input Operator, holiday pay for December 25 and 26, 1977 after having qualified therefor by performing compensated service for 4 hours on the workday preceding the holiday (Friday, December 23, 1977) and 6 hours and 10 minutes on the workday following the holiday (December 27, 1977);

3. Ms. E. S. Knox, Data Typist, holiday pay for February 20 1978 after having qualified therefor by performing compensated service for t hours on the workday preceding the holiday (February 19, 1978)i worked 8 hours on the holiday, and 8 hours on the workday following the holiday (Thursday, February 23, 1978)]

4. Ms. M. D. Eagle, Rate Clerk, holiday pay for February 20, 1978 after having qualified therefor by performing compensated service for one hour and 10 minutes on the workday preceding the holiday (February 17r 1978) and 8 hours on the workday following the holiday (February 21,,1978);

5· Mr. Gary Clemons,, Data Typist, holiday pay for March 24, 1978 after having qualified therefor by performing compensated service for 2 hours on the workday preceding the holiday (March 22, 1978) and 8 hours on the work day following the holiday (March 25, 1978).

For these violations Carrier shall compensate the claimants as follows:

1. Ms. A. M. Elliott.. 8 hours pay at the then applicable straight time rate on each date December 25 and 26, 1977.

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_ Docket Number CL-23149

2. Ms. Geraldine CaMahan, 8 hours pay at the then applicable straight time rate on each date December 25 and 26, 1977.

3. Ms. E. S. Knox, 8 hours pay at the they applicable straight time rate fcr February 20, 1978.

4. Ms. M. D. Eagle, 8 hours pay at the then applicable straight time rate far February 20, 1978.

5. Mr. Clemons., 8 hours pay at the then applicable straight

time rate for March, 1978.

OPINION OF HOARD: (terrier has denied Claimants' holiday pay on the ground that each worked less than eight hogs on certain qualifying days.

Tha relevant provision of Article III. Section 3 of the National Holiday Agreement (Addendum N-3) of the May 1, 1973 Agreement reads is relevant part:

"A regularly assigned employee shall qualify for the holiday pay provided in Section 1 hereof if compensation paid him by the carrier is credited to the workdays immediately preceding and following such holid the holiday falls on the last day of a regularly assigned employee's workweek the first workday foll shall be considered the workday immediately following. If the holiday falls on the first day of his workweek, the last workday of the preceding workweek shah be considered the workday immediately preceding the holiday."

Consistent and uniform authority has held under this provision that any compensation credited to an employs on qualifying days is sufficient to entitle as employs to holiday pay. No mirion number of hours is required. See Third Division Award 19128 (O'Brien); Second Division Awards 5126 (Dugan), 5128 (Dugaa), 7174 (Sickles), and 7410 (McBxearty)i and Public lax Board 7131, Award 38. , -

We find (terrier's arguments for a more restrictive riding of section 3 without merit and we adhere to the cited precedents.

FINDINGS: The Third Division 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:

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Docket Number CL-23149

That the Carrier and the Employes involved is this dispute are respectively Carrier and Employee within the mining of the Railway Labor Acts 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 ADJUSTMENT BOARD

By Order of Third Division

ATTEST:

Executive Secretary

I Dated at Cnicagos Illinois., this 6th day of October 1987..