The Third Division consisted of the regular members and in addition Referee Robert L. Hicks when award was rendered.
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.
Claimant suffered an off duty injury and was off work from December 13, 1990 until September 20, 1991.
The claim is for Christmas Eve, Christmas Day and New Year's Day holiday pay based upon the hypothesis that because Claimant was Form 1 Award No. 31437
off for medical reasons, he was other than regularly assigned and as such, he qualified for holiday pay.
It is the Carrier's position that simply because Claimant was off on a medical leave, his status as a regularly assigned employee did not change and because he rendered no service on the work days preceding or following the holidays, he did not qualify for holiday pay.
The Carrier's position is more in keeping with the Holiday Pay Rule. Claimant was regularly assigned when he incurred the off-duty injury. There is no argument over this fact. Claimant's status from December 13, 1990 through September 20, 1991 was that of an employee regularly assigned who was off work because of a medical leave of absence. If such leave of absence changed Claimant's status from regularly assigned to other than regularly assigned, something more than conjecture must be in the record.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.