The Second Division consisted of the regular members and in
addition Referee Adolph E. Wenke when the award was rendered.
EMPLOYES' STATEMENT OF FACTS: Machinist Lee Roberts, hereinafter referred to as the claimant, was employed as such by the St. LouisSan Francisco Railway Company, hereinafter referred to as the carrier at Springfield, Missouri. The claimant took his vacation from June 28, through July 12, 1954, which makes a total of 15 days. 4 days of the 15 were rest days and July 5, 1954 being a holiday was not counted as vacation days which resulted in the claimant receiving 10 working days' vacation. Monday, July 5, 1954, was a legal holiday and within the work week assignment of Claimant Roberts. Compensation was paid by the carrier and credited to the workdays immediately preceding and following such holiday.
The dispute was handled with carrier officials designated to handle such affairs who all declined to adjust the matter.
The agreement effective January 1, 1945, as subsequently amended, is controlling.
POSITION OF EMPLOYES: It is submitted that under Article II, Section 1, of the August 21, 1954, agreement, reading:
The effective rules agreements and interpretations thereof, and the position of carrier, are exactly the same in both of these claims. Submitted herewith, and made a part hereof, is copy of carrier's submission in the ex parte claim filed covering Machinists Martin Kirchner, and the position of carrier as set out in the attached copy of submission is, by reference hereto, adopted as carrier's position in the claim of Machinist Helper Lee Roberts, as covered by this docket.
As shown by carrier in that submission, there is no merit to or agreement support for claim as set out in the employes' statement of claim, and carrier respectfully requests that such claim be denied.
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 claim involves the identical question decided by our Award No. 2149 in Docket No. 2086 except the claimant is different.
Here the claimant is Machinist Lee Roberts employed by the carrier at Springfield, Missouri.
For the reasons stated in Award No. 2149, we find the claim here made should be sustained.