Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27752
THIRD DIVISION Docket No. MW-26882
89-3-85-3-658
The Third Division consisted of the regular members and in
addition Referee Elliott H. Goldstein when award was rendered.

(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 N. E. Noble and G. R. Broughman holiday pay for Labor Day (September 3, 1984) (System Dockets CR-1231 and CR-1232).

(2) Because of the aforesaid violation, Trackmen N. E. Noble and G. R. Broughman shall each be allowed eight (8) hours of pay at their respective straight time rates
FINDINGS:

The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.



Claimants N. E. Noble and G. R. Brougham establish and hold seniority as Trackmen in the Track Department on the Columbus Division. Claimant Brougham was displaced on August 30, 1984, his last work day preceding the Labor Day holiday. He ultimately displaced a junior employee in Urbana, Ohio after September 4, 1984.

Claimant Noble was displaced on Tuesday, September 4, 1984. He ultimately displaced a junior emp September 13, 1984.

Both Claimants request eight (8) hours holiday pay for Labor Day, September 3, 1984.
Form 1 Award No. 27752
Page 2 Docket No. MW-26882
89-3-85-3-658

The only issue before this Board is whether both Claimants met the qualifying requirements of the Holiday Pay Rule. We conclude that Claimant Brougham did not and Claimant Noble did qualify.

Claimant Noble reported for work Tuesday, September 4, 1984 ready, willing and able to work only to find that he was displaced just prior to the starting time of his assignment and was unable to displace prior to the starting time of a position
However, Claimant Brougham cannot be considered as having qualified for holiday pay because of the irreconcilable information supplied in this record.








                          By Order of Third Division


Attest:
      Nancy J.i -'Executive Secretary


Dated at Chicago, Illinois, this 2nd day of March 1989.