STATEMENT OF CLAIM:

"Claim of the System Committee of the Brotherhood that:

(1) The carrier violated the Agreement when it failed to allow Mr. D. F. Pingree holiday pay for the 1992 Thanksgiving Day and the day after Thanksgiving holidays (Carrier's File BMWE 93-003).

(2) As a consequence of the violation referred to in Part (1) above, Mr. D. F. Pingree shall be allowed sixteen(16)

Thanksgiving Day and day after Thanksgiving holidays."

FINDINGS:

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

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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.

Parties to said dispute waived right of appearance at hearing thereon.

This holiday pay dispute is based upon a Holiday Pay Rule peculiar only to the parties.

The pertinent provisions of Rule 32 read as follows:

(b) "A regular assigned employee shall qualify for the holiday pay if the employee performs at least six (6) hours of compensated service on the work days immediately preceding and following such holiday. If the holiday falls on the last day of a regularly assigned

(c) Subject to the applicable vualifying

requirements in paragraph fbl hereof, other

than regularly assigned employees shall be

eligible for the paid holidays or pay in lieu

thereof provided for in paragraph (a) above,

provided compensation for service paid him by

the Carrier is credited to eleven (i1) or more

of the thirty (30) calendar days immediately

preceding the holiday and the employee has had

a seniority date for at least sixty (60)

calendar days or has sixty (60) calendar days

of continuous active service preceding the

holiday beginning with the first day of

compensated service, provided employment was

not terminated prior to the holiday by

resignation, for cause, retirement, death,

non-compliance with a union shop agreement, or

disapproval of application for employment."

(Underlining added)

Claimant was furloughed November 20, 1993. As of the holidays (Thanksgiving and the day after) he was other than regularly assigned, had 11 or more credited workdays in the 30 day period preceding the holiday, and had a seniority date at least 60 days prior to the holidays, but performed no service before and after the holidays.

The underscored portion of Rule 32(c) quoted supra is that in dispute.

The carrier, in its handling on the property, related to the discussions the parties had during their negotiating sessions relative to the Holiday Pay Rule, as it now stands. According to the Carrier, the parties have had many disputes concerning who was or was not available for service on the workday preceding and following the holiday and had, apparently, a meeting of the minds to drop the availability clause on the day preceding and following the holiday. In lieu thereof, the usual Rule for other than regularly assigned employees contains the clause:

96-3-94-3-101