STATEME1HT Claim of the System Committee of the Brotherhood that: OF CLAIM:
 (1) Carrier violated the Rules of the Glerks0 Agreement when it refused to allow Mr. Ra L. MoLain, regular assigned Hackman at Parkersburg, W. Va.,. one day®s pay as holiday pay on September land December 25, 1958, and

 (2) That R. L. McLain shall now be allowed eight hours pay at the pro rata rate of his regular assigned Hackman position as holiday pay for each date, September 1 and December 25, 1958.
FINDINGS:

 The claimant was a-regularly assigned Hackman at Parkersburg, West Virginia, with Friday and Saturday rest days. Fe also held rights as an extra yardmaster. Sunday,, August 31, 1958., and Monday September 19 1958, he worked as a yardmaster returning to his position of Hackman on Tuesday, September 2, 1958. He also worked as Yardmaster on Wednesday, Thursday and Friday, December 24, 25 and 26, returning to his regular position of Hackman on Sunday. December 289 1958. He was not paid holiday pay for Labor Day (September 1, 1958) and Christmas (December 25, 1958).
The carrier has denied this claim on the ground that the claimsntas status on the holiday was that of a yardmaster and that the Yardmaster°s Agreement makes no provision for holiday pay. We cannot subscribe to that argument.

 The August 21, 1954 Agreement in Article II, Section 1, provides that each regularly assigned hourly and daily rated employe should receive eight hours pay for prescribed holidays (including Labor Day and Christmas, Day) when such holiday falls on a workday of his workweek. Section 3 of the same Article provides as follows:

    "Section 3. An employee shall qualify for the holiday pay provided in Section 1 hereof if compensation paid by the Carrier is credited to the workdays immediately preceding and following such holiday. If the holiday falls on the last day of an employee®s workweek, the first workday following his rest days shall be considered the workday immediately following. If the holiday falls rte, the first workday of his workweek, the last workday of the preceding workweek shall be considered the workday immediately preceding the holiday."

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    Docket No. $2


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    We think it is clear from the above quoted language that the framers of the Agreement recognized that it is not unusual for regularly assigned employes under non-operating agreements to hold dual seniority. lie can read no intent in that language to disqualify a regularly assigned employe inter the Clerks® Agreement for holiday pay because he may have worked under some other agreement either on the day before or on the day after or on the holiday. As a matter of fact the language of the Agreement appears to have been carefully drawn so as to preclude such a result.


                        AWARD


            Claim sustained.


                            /s/ Francis 3. Robertson

                            Francs . ertson

                            Chairman


    /s/ F. To L ch /s/ T. S. Woods

    Y`. 7`0oh T. S. Woods

    Employee Member Carrier Member


Dated at Baltimore,, Maryland., this 15th day of November,, 1962.