SPECIAL BOARD Of ADJUSTMENT NO. 355 CAR. FILE:, 2663

COX. FILE: A-3453

GR. DIV. BU-9372-33

PARTIES: T8Z Ou·F2 (TI? R!t.: LROPoS TELEf;P~a:=.F,hiRS CASE N0. 272
TliL Faf!.1_1'7160KE Al'i'D GZ110 RA I7ityi.D C':06i?MT`I
AWARD IN DOCIOT N0. 272

aTATTSUX'NT 1, GarriOr V9.c12ted the Agr<:~emeut bet,vecn the ,parties
07? Cfu:7;lX: whan it fe.0.ad and refunad to compenva:e Opera,Lor
D: E, Dash for July 4, 1361,
2. Carrier shall compensate D, E; Bush for ti brs, at
pro rata rate.
FINDINGS:
It is a fact that the claimant in this case was, at .
the time of claim, "other than a regularly assigned employe,"

It is also a fact that Article III of the August 19, 1980 agreement~is here concernedo It is a special rule and prevailse Section 3 thereof stipulates that all employer other than regularly assEgned employes shall qualify for holiday pay 1.9 either of two requirements is met:

The second of. the requirements is that "such employee is available for service." And the agreement itself states clearly that

"eAvailable' as used in subsection (ii) above is interpreted by the parties to mean that an employee is available unless he lays off of his own accord or does not r2-pond to a call pursuant to the rules of the applicable agreement, for service."

There being no evidence here that claimant laid off of his own accord, or that he was called pursuant to the rules of the applicable agreement, for servic ; we will sustain this claim,

C.,-. A CJ A R D

Clai` sustained;

Edward !.a Lynet

r.

Chairman

by R, essl y i hilitt

Employee Me Carrier Member

Dated at Baltimore, Maryland,
this l6thdhy of September, 1964;