(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
·1. The Carrier violated the Agreement when it failed and refused to allow Trackmen J. K. Bosworth, D. R. Tu11er, M. L. Nelson and C. B. Eaton holiday pay for Christmas Eve (December 24, 1980), Christmas Day (December 25, 1980) and New Year's Day (January 1, 1981) (System Files B-20271MWC 816-31 and B-18801MWC 81-6-5
2. The Claimants shall each be allowed twenty-four (14) hours of pay at the trackman's rate in effect on the Claim dates because of the violation referred to in Part (1) above.·
OPINION OF BOARD: Claimants J. K. Bosworth, D. R. Tu11er, M. L. Nelson,
 and C. B. Eaton were furloughed Trackmen called by Carrier
 to fill vacancies at Crystal City and McBride, Missouri. Three of the men
 were called on December 16, 1980, and one was called on December 17, 1980.
 Claimants worked on the job to which they were assigned on the day before and
 day after the Christmas and New Year holidays. Carrier, however, did not pay
 them for the holidays. Petitioner filed a Claim ultimately contending that
 the employes were regularly assigned as contemplated under the National Vacation
 Agreement and since they worked the day before and the day after the holiday,
 they should be paid for all three holidays, Christmas Eve, Christmas Day
 1980, and New Year's Day 1981.
Carrier contends that Claimants are not regularly assigned employes, since they were called to fill jobs that were being bulletined and they were filling the vacancies on a temporary basis. As such, they are classified under the Holiday Pay Rule as other than regularly assigned employes and consequently must qualify for holiday pay under that category. This means that Claimants would have to work 11 of the 30 days immediately preceding the holidays in order to qualify for holiday pay. In only one case did that happen and that Claimant (Tu11er) was paid for New Year's Day 1981.
This Board has reviewed the record of the case and carefully considered the arguments presented, as well as previous awards submitted in support of the respective parties' positions. Based on those deliberations, it is this Board's position that Claimants in this case were not regularly assigned employes as contemplated by the National Vacation Agreement and that, as such, they had to qualify for vacation pay as other than regularly assigned employes. Since they did not work IZ days out of the 30 days just prior to the holidays, they did not qualify for pay. This Board shall therefore deny this Claim.
                    Locket Number MW-24638


        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 not violated.


                        A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest:
        Nancy J.' Aver - Executive Secretary


Dated at Chicago, Illinois this 15th day of April 1985.