SYSTEM FEDERATION No. 75, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. (Federated Trades)
CHICAGO, ST. PAUL, MINNEAPOLIS AND OMAHA RAILWAY
COMPANY
DISPUTE: CLAIM OF EMPLOYES: Claim of Machinist Frank R. Nagle, S. R. Anderson, and John Innes for ten days' compensation each, Joseph Balkenhol for seven days' compensation, and Henry F. Schieman for six and two-thirds days' compensation account other machinists being permitted to work their vacation period and compensated in lieu thereof while these machinists were laid off in force reduction.
Claim of Blacksmith Helpers Ben Auck and Oscar Schmidt for five days' compensation each account Blacksmith Helper George Brown being permitted to work his vacation period and compensated in lieu thereof, while Blacksmith Helpers Auck and Schmidt were laid off in force reduction.
Claim of Carman Charles Buzicky for ten days' compensation account Carman Mathias Thul being permitted to work his vacation period and compensated in lieu thereof while Buzicky was laid off in force reduction.
JOINT STATEMENT OF FACTS: On or about July 29, 1949, mechanical and car department shops at St. Paul, Minnesota, were closed and all shop employes were laid off.
On or about November 3, 1949, a small force of federated craft employes were recalled to service, and later additional shop craft employes were recalled to service; however, none of the claimants in the instant case were recalled to service prior to January 1, 1950. Some of the employes recalled to service had not been granted vacation allowance for the year 1949 prior to their being returned to service and were not granted vacations subsequent to return to service but were allowed compensation in lieu thereof.
POSITION OF EMPLOYES: At its St. Paul, Minnesota, locomotive shops, the carrier granted a mass vacation to all shop craft employes during the period of July 5 to July 20, 1949, except that a small group of employes of various classifications were retained in the service during this period to take care of such emergency service as the company required.
A number of those employes who were retained in the service during the period July 5 to July 20, 1949, had not been allowed to take their vaca-
FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe 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.
This record indicates that a vacation period, July 5 to July 20, 1949, was granted to employes of the St. Paul shops, with the exception of a small group of employes who were retained for the purpose of protecting any emergency that might arise. On July 29, 1949, the shop was closed and the group of employes retained for emergency service was furloughed.
Commencing on or about November 3, 1949, the carrier began recalling a limited number of the furloughed shop employes, among whom were employes in the group retained for emergency service prior to the closing of the shop on July 29, 1949. Some of these employes had not been granted their vacation days off prior to being recalled to service in November, 1949.
The record indicates that the system federation requested the carrier to grant vacation days off to those employer who had not been given same prior to the end of the pear, and that such request was concurred in by the carrier in the following letter:
The circumstances pertaming to the available employes, in this instance, did not warrant the following letter of December 21, 1949: 1496-6 53