of the Carrier in writing, with copy to the local chairman, that they will be available and desire to be used for such work. A furloughed employe may withdraw his written notice of willingness to perform such work at any time before being called for such service by giving written notice to that effect to the proper Carrier officer, with copy to the local chairman. If such employe should again desire to be considered available for such service notice to that effect as outlined hereinabove- must again be given in writing. Furloughed employes who would not at all times be available for such such service will not be considered available for extra and relief work under the provisions of this rule. Furloughed employes so used will not be subject to rules of the applicable collective agreements which require advance notice before reduction in force. 3. Furloughed employes who have indicated their desire to participate in such extra and relief work will be called in seniority order for this service. Where extra lists are maintained under the rules of the applicable agreement such employes will be placed on the extra list in seniority order and used in accordance with the rules of the agreement. NOTE 1: In the application of this rule to employes who are represented by the organizations affiliated with the Railway Employes' Department, A. F. of L., it shall not apply to extra work. NOTE 2: Employes who are on approved leave of absence will not be considered furloughed employes for purposes of this agreement. NOTE 3: Furloughed employes shall in no manner be considered to have waived their rights to a regular assignment when opportunity therefor arises. This rule shall become effective November 1, 1954, except on such Carriers as may elect to preserve existing rules or practices and so notify the authorized employe representative or representatives on or before October 1, 1954." Article III, Holidays, of the National Agreement of August 19, 1960, reads as follows: "Article II, Sections 1 and 3 of the Agreement of August 21, 1954, are hereby amended, effective July 1, 1960, to read as follows: Section 1. Subject to the qualifying requirements applicable to regularly assigned employes contained in Section 3 hereof, each regularly assigned hourly and daily rated employe shall receive eight hours' pay at the pro rata hourly rate of the position to which assigned for each of the following enumerated holidays when such holiday falls on a work day of the work week of the individual employe: New Year's Day Fourth of July Subject to the qualifying requirements applicable to other than regularly assigned employes contained in Section 3 hereof, all others who have been employed on hourly or daily rated positions shall receive eight hours' pay at the pro rata hourly rate of the position on which compensation last accrued to him for each of the aboveidentified holidays if the holiday falls on a work day of the work week as defined in Section 3 hereof, provided (1) compensation for service paid him by the carrier is credited to 11 or more of the 30 calendar days immediately preceding the holiday and (2) he has had a seniority date for at least 60 calendar days or has 60 calendar days of continuous active service preceding the holiday beginning with the first day of compensated service preceding the holiday beginning with the first day of compensated servce, 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. The provisions of this Section and Section 3 hereof applicable to other than regularly assigned employes are not intended to abrogate or supersede more favorable rules and practices existing on certain carriers under which other than regularly assigned employes are being granted paid holidays. NOTE: This rule does not disturb agreements or practices now in effect under which any other day is substituted or observed in place of any of the above enumerated holidays. Section 3. A regularly assigned employe shall qualify for the holiday pay provided in Section 1 hereof if compensation paid him by the carrier is credited to the work days immediately preceding and following such holiday or if the employe is not assigned to work but is available for service on such days. If the holiday falls on the last day of a regularly assigned employe's work week, the first work day following his rest days shall be considered the work day immediately following. If the holiday falls on the first work day of his work week, the last work day of the preceding work week shall be considered the work day immediately preceding the holiday. All others for whom holiday pay is provided in Section 1 hereof shall qualify for such holiday pay if on the work day preceaing and the work day following the holiday they satisfy one or the other of the following conditions: (i) Compensation for service paid by the carrier is credited; or (ii) Such employe is available for service. NOTE: 'Available' as used in subsection (ii) above is interpreted by the parties to mean that an employe is available For the purposes of Section 1, the work week for other than regularly assigned employes shall be Monday to Friday, both days inclusive, except that such employes who are relieving regularly assigned employes on the same assignment on both the work day preceding and the work day following the holiday will have the work week of the incumbent of the assigned position and will be subject to the same qualifying requirements respecting service and availability on the work days preceding and following the holiday as apply to the employe whom he is relieving. For other than regularly assigned employes, whose hypothetical work week is Monday to Friday, both days inclusive, if the holiday falls on Friday, Monday of the succeeding week shall be considered the work day immediately following. If the holiday falls on Monday, Friday of the preceding week shall be considered the work day immediately preceding the holiday. Compensation paid under sick-leave rules or practices will not be considered as compensation for purposes of this rule." A review of the recommendations of emergency board 106, authorized by the Railway Labor Act, and established by Executive Order 10511, to hear and decide that which ultimately became the August 21, 1954 agreement, shows that the emergency board had the following to say insofar as "holiday pay" was concerned: "The Board feels that in relation to practice in other industries it would be appropriate for hourly rated non-operating railroad employes to receive straight time compensation for any of the seven holidays falling on any of the work days of their established work week, subject to certain limitations outlined. In reaching this conclusion the Board is strongly influenced by the desirability of making it possible for the employes to maintain their normal take-home pay in weeks during which a holiday occurs. As will be indicated later, the Board proposes continuation of the present arrangements for time and onehalf for holidays worked. Such time and a half for holidays worked would be in addition to straight time pay for holidays. This will have the effect of take-home pay in excess of normal for those employes who work on holidays, but under the conditions involved is believed by the Board to be justified. Summarizing the Board's conclusions concerning Issue 12 under Holidays, whenever one of the seven enumerated holidays falls on a work day of the work week of a regular assigned hourly rated employe, he shall receive the pro rata rate of his position in order that his usual take-home pay will be maintained. In order to qualify to receive pay on a holiday which falls on a a work day of such employe, he must have worked the work day of his work week immediately preceding and following such holiday. If the holiday falls on the last work day of his work, the first work day following his rest days shall be considered the work day immediately following. If the holiday falls on the first work day of his work week, the last work day of the preceding week shall be considered the work day immediately preceding the holiday." (Emphasis ours.) Further, under "Findings and Recommendations Concerning Organizations' Proposals," the board said: "Holidays - Issue 12. Because of the reasons set forth in our discussion the Board recommends that the parties agree that: (a) Whenever one of the seven enumerated holidays falls on a work day of the work week of a regularly assigned hourly rated employe, he shall receive the pro rata rate of his position for that day. (b) As to monthly rated employes whose hourly rate is based on 169 hours per month, which is arrived at by deducting the seven holidays, the monthly pay shall be recomputed so it will be increased to include on an annual coverage the approximate number of holidays that would be expected to fall in the work days of a work week. (c) In order to qualify to receive pay on a holiday which falls on a work day the employe must have worked on the work day of his work week immediately preceding and following such holiday. If the holiday falls on the last work day of his work week, the first work day following his rest days shall be considered the work day immediately following. If the holiday falls on the first work day of his work week, the last work day of the preceding work week shall be considered the work day immediately preceding the holiday." (Emphasis ours.) The board could not have been more explicit in defining the circumstances under which regularly assigned non-operating employes were to receive holiday pay. This attention to detail was due to the fact that paid holidays for non-operating employes were sought by the Organizations to meet a specific problem. This problem was described by counsel for the Organizations in his opening statement before emergency board No. 106 as follows: "We also have some special considerations with respect to the matter of holiday pay. I mentioned earier in discussing the proposals, that on the matter of holidays, we have some recognition of holidays in our industry now. We have these seven holidays that are designated as holidays. But, perhaps, recognition is scarcely an appropriate word. The principal effect of a holiday, in the railroad industry now, is an exception to the guarantee rule. Usually these employes are guaranteed five days of work a week under their agreements. The main recognition given to holidays is that on the weeks in which we have a holiday, they don't have five days of work. In other words, a holiday, in the railroad industry today, is simply a day of unemployment. One of these employes in the railroad industry who celebrates his holiday can celebrate it exactly the same as a fellow who doesn't have a job. His pay is short that week by one day's pay. That is what holidays mean in the railroad industry today." In brief, the board made it crystal clear that its recommendations with respect to holiday pay were designed to "maintain *** normal take-home pay subject to certain limitations outlined," which in substance were: 1. The employe involved must be a regularly assigned employe. 2. The holiday must fall on a work day of the work week of the regularly assigned employe. 3. Compensation paid by the carrier must be credited to the work day immediately preceding and the work day immediately following the holiday. The August 21, 1954 agreement speaks for itself in that the recommendations of the emergency board concerning the seven holidays and eligibility requirements were incorporated in the agreement. Factually, unassigned, extra or furloughed employes could lay no claim to the foregoing attributes incorporated in the agreement and, accordingly, were not entitled to holiday pay. Notwithstanding the plain dictates of the 1954 agreement, the Organizations subsequently sought to expand the benefits provided by the agreement by filing claims for holiday payment in circumstances not justified by the considerations that had moved the board. These claims in a large number of cases were referred to the National Railroad Adjustment Board. Generally, the awards rendered by the adjustment boards preserved the principles enunciated by emergency board No. 106 and incorporated in the agreement of August 21, 1954. See Second Division Award 2169 and Third Division Awards 10240, 10245, 10246, 10284 and 10287, which are only a few of many. Through their May 29, 1959 notice, the “non-ops" labor organization proposed certain changes in the paid holiday rule. They asked for holiday pay for each employe who had received any compensation within the pay period in which the holiday occurred or within the next preceding pay period, unless his service had been terminated or he had failed without good cause to report for his assignment on the work day preceding or following the holiday. When no agreement was reached, the matter was considered by an emergency board, designated as emergency board 130, which reported June 8, 1960, as to this and other matters. The Board recommended that the provisions covering eligibility and qualification for holiday pay be relaxed; its specific recommendations were, as follows: "(1) The Board recommends that the parties negotiate a change in the present rules regarding eligibility and qualifications for holiday pay so as to include, in addition to employes who qualify under the present rules, employes who meet both of the following tests: (a) A seniority status of at least 60 days, and (b) Compensated service in the majority of all the work days |