Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6968
SECOND DIVISION Docket No. 6715
2-N&W-CM-'75
The Second Division consisted of the regular members and in
addition Referee Dana E. Eischen when award was rendered.
( System Federation No. 16 (formerly System Federation No. 23)
( Railway Employes' Department
Parties t0 Dispute: ( (Carmen)
( Norfolk and Western Railway Company
Dispute: Claim of Employes:
1. That the Carrier violated the October 7, 1971 National
Agreement when they failed to grant Carman Apprentice J. R.
Wazlavek a vacation in the year 3973, at Brewster, Ohio.
2. That the Carrier be ordered to compensate Carman Apprentice
J. R. Wazlavek for ten (10) days vacation pay at _ time and
one-half the apprentice's applicable rate of pay.
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.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant J. R. Wazlavek entered Carrier's employ as a carman apprentice
on December 1, 1969 at Brewster, Ohio. In July 1970 Claimant was placed in
furlough status and at that time was drafted into military service. Immediately
upon his honorable discharge from the service on November 1, 1972 Claimant
returned to work for Carrier. There is no showing in the record to refute
Petitioner's assertion that but for the military draft Claimant was ready willing
and able to return to service of the Carrier upon recall from his furlough
status.
In 1973 Carrier refused to grant Claimant a vacation on the grounds
that he had not qualified under the provisions of Article III, Section 1 of
the October 7, 1971 Agreement in mediation case number A-9049. The instant
claim was filed on April 24, 1973 and was handled without resolution on the
property
The above facts present an identical issue to that decided by us in
Award 6967. The discussion and reasoning therein are applicable and controlling
Form 1
Pa ge 2
equally in this case. We shall sustain the claim.
A W A R D
Claim sustained.
Attest: Executive Secretary
National Railroad Adjustment Board
y ,
Ros marie Brasch - Ad inistrative Assistant
Dated at Chicago, Illinois, this 5th day of December, 1975.
Award No. 6968
Docket No. 6715
2-N&W-CM-'75
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division