The Second Division consisted of the regular members and in
addition Referee David R. Douglass when the award was rendered.
RAILWAY EMPLOYES' DEPARTMENT, A. F. of L.
(Brotherhood Railway Carmen of America)
1) That under the provisions of the current agreement, Carmen C. L. Knieke qualified for ten (10) days' vacation based on the performance of his duties as a carman during the year 1952.
2) That accordingly, the Carrier be ordered to make payment of the vacation allowance earned by the aforementioned claimant.
EMPLOYES' STATEMENT OF FACTS: Carman C. L. Knieke was employed by the Burlington Refrigerator Express Company at Plattsmouth, Nebraska and had 21 years of service when he retired November 14, 1952, under the provisions of the Railroad Retirement Act.
During the year 1952, retired Carman C. L. Knieke worked the required number of days to qualify him for a vacation in the year 1953 or payment in lieu thereof.
Although Carman Knieke's vacation was schedule and posted to begin May 1, 1953, the carrier has declined to pay him the vacation allowance due.
This dispute has been handled in accordance with the provisions of the current agreement effective July 1, 1945 and subsequently amended up to and including the highest carrier officer to whom Puch matters are subject to be appealed without any satisfactory adjustment thereof.
POSITION OF EMPLOYES: It is submitted that under the provisions of Rule 42(a) of the agreement effective July 1, 1945 as revised effective September 1, 1949 and reading: