PARTIES TO DISPUTE:

STATEMENT OF CIAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The Agreement was violated when E. A. Perez was not properly compensated far holiday pay for December 24, 1978 (Christmas Eve) and December 25s 1978 (Christmas Day) (Carrier's File 190-MOPW).

 (2) Because of the aforesaid violation, E. A. Perez shall be allowed twelve (12) hours and forty (40) minutes of pay at the Assistant Foreman's straight time rate."

 OPINION OF BOARD: The Claimant, an Assistant Section Foreman, relieved the
 regular Foreman when he was an vacation from December 18
 through December 31, 1978. However, Carrier did not allow him holiday pay
 for Christmas Eve and Christmas Day.

 The Claimant asserts that he is an "hourly rated" employe and as such he should have received sixteen (16) hours of holiday pay whereas the Carrier contends that the Claimant functioned as a "monthly rated" employe and that he was compensated properly because the salary structure contemplates holidays.

 The Employes have cited, among others, Award 19756 which held that a temporary assignment of hourly rated employes to monthly rated jobs, by Carrier for its convenience, "... does not change the status of hourly rated employees to monthly employees".

 The Carrier has also cited Awards which have reached a contrary conclusion. See for example Award 124 of Public Law Board 1366 and Fourth Division Award 3713.

 The Employes' contention seems to argue the equity of the situation. Yet Rule 33 clearly points out the method of pay computation to be used. It may be that the results are harsh, but it is not our function to rewrite agreements to ease their application to a particular set of facts.



                      Docket Number MW-23385


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, 193.;

 That this Division of the Adjustment Board has jurisdiction aver the dispute involved herein; and

        That the Agreement was not violated.


                          A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJZISTMENT BOARD

                            By Order of Third Division


Attest: Acting Executive Secretary
 National Railroad Adjustment Board

 BY
            de~:

        Rosemarie Brasch - Administrative Assistant


Dated at Chicago, Illinois, this 13th day of May, 1982.

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