The Second Division coisisted of the regular members and in
addition Referee Adolph E. Wenke when the award was rendered.
SYSTEM FEDERATION NO. 99, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. (Boilermakers)
DISPUTE: CLAIM OF EMPLOYES: That in accordance with the applicable agreements the Carrier be ordered to compensate the widow of Clint Murphy, deceased Boilermaker in an amount of money equivalent to fifteen (15) days' vacation pay.
EMPLOYES STATEMENT OF FACTS: Clint Murphy was employed by the Illinois Central Railroad, hereinafter referred to as the Carrier, on April 10, 1923, as a Boilermaker at Cairo, Illinois. He was in the continuous employment of the Carrier from April 10, 1923, until his death on December 23, 1953.
Prior to his death on December 23, 1953, he had qualified for a vacation in the year 1954 by rendering compensated service of not less than one hundred thirty-three (133) days during the preceding calendar year 1953.
The Carrier has declined to pay the widow of Clint Murphy the allowance for such vacation for which he qualified in the year of his death.
This dispute has been handled with the Carrier up to and including the highest officer so designated by the Carrier, with the result that he has declined to adjust it.
The Agreement effective April 1, 1935, as it has been subsequently amended, is controlling.
POSITION OF EMPLOYES: The employes submit that deceased Boilermaker Murphy qualified by his years of service, for a vacation of fifteen (15) days in the year 1954 in accordance with Article I, Section 1 (c) of the agreement of August 21, 1954, reading:
Mr. Murphy was not an employe because his relationship with the carrier ended on the date of his death, December 23, 1953. Article I, Section 5 of the August 21, 1954, agreement limits itself to the period effective with the calendar year 1954, and at no time during the effective period, the calendar year and thereafter, was Mr. Clint Murphy an employe of the carrier.
Carrier contends that as of the date of his death, December 23, 1953, Mr. Clint Murphy had received all rights accorded to him under the vacation agreement in effect at the time, and that his widow is entitled to no rights under Article I, Section 5 of the August 21, 1954, agreement, which by its plain terms has no application prior to January 1 of the calendar year 1954.
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 is made in behalf of the widow of Boilermaker Clint Murphy, deceased. It asks that she be paid for fifteen (15) days in lieu of the vacation which it is claimed the decedent, prior to his death, had earned for 1954.
Decedent was employed by carrier as a boilermaker on April 10, 1923 at Cairo, Illinois. He remained in the continuous service of the carrier up until his death, which was on December 23, 1953. He rendered not less than one hundred and thirty-three (133) days of compensated service for the carrier in 1953 and, of course, had more than fifteen (15) years of continuous service with it.
The claim is based on Sections 1 (c) and 5 of Article 1 of the National Agreement dated August 21, 1954.
The identical question here presented was present in Docket 2120 on which our Award 2245 is based. What we said and held therein is applicable and controlling here. In view thereof we find the claim should be sustained.