Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7190
SECOND DIVISION Docket No. 6975
2-SLSW-CM-'76
The Second Division consisted of the regular members and in
addition Referee Martin I. Rose when award was rendered.
System Federation No. 4-5, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen).
(
( St. Louis Southwestern Railway Company
Dispute: Claim of Employes:
1. That the St. Louis Southwestern Railway Company violated the
Vacation Agreement when it failed to properly compensate Carman
Ray Mathes for working his scheduled vacation.
2. That the St. Louis Southwestern Railway Company be ordered to
compensate Carman Ray Mathes for four (4) additional hours pay at
the pro rata rate for December 10, 11, 12, 13, 14, 17 , 18, 19, 24,
26, 27 and 28, 1973, a total of forty-eight (48) hc,ars.
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 tabor 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.
Pursuant to the vacation schedule prepared by the Carrier and the Local
Committee, Claimant, car inspector, was assigned a 15-day vacation period
October 15 through November 2, 1973. He laid off sick on August 21, 1973
and did not return to work until November 19, 1973.
By letter dated October 12, 1973, the Local Chairman requested Assistant
to Terminal Superintendent Cutrell to reschedule the Claimant's vacation period
to December 10-28, 1973 because Claimant was off sick. Mr. Cutrell did not
approve this request. On December 3, 1973, Claimant, who had returned to
work on November 19, wrote to Mr. Cutrell requesting vacation from December
10-28, 1973. According to Carrier, on receipt of this letter, investigation
was made and disclosed that Claimant had not been paid for the 15-day vacation
scheduled from October 15, 1973. He was paid his vacation on the December
1973 payroll.
Award No. 7190
Docket No. 6975
2-SLSW-CM-'76
The claim is predicated on the basis that Claimant worked his rescheduled vacation during the period in December in that pursuant to
practice Claimant's vacation was rescheduled by Carrier's clerk upon
receipt of the Local Chairman's letter requesting the vacation change.
It is the Carrier's position that the Claimant did not work his
scheduled vacation and is not entitled to t'4e additional
compensation
claimed.
The record establishes that Clairint's 15-day vacation beginning October
15, 1973 was not changed to the
December
dates as claimed. The applicable
Memorandum of Agreement dated April 23, 1953, provides, in pertinent part,
as follows:
"b. Except as provided in paragraph 4 above, assigned
vacation dates will not be changed without written
approval of the Local Chairman and the Foreman in charge
of the Locomotive and/or Car Department at the point
involved."
There is no claim or proof that the Foreman designated in this rule
gave written approval of a change in Claimant's assigned vacation dates.
This Board, like the Petitioner, the Claimant and Carrier's clerks, is.
bound by the rule quoted above. Insofar as the requirement for a change in
assigned vacation date is covered thereby, this rule is clear and unambiguous;
and in accordance well established principles of construction, it must be
given governance over alleged practices (See Third Division Awards 14+15,
14599,
17916).
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJT,TSTMENT BOARD
By Order of Second Division
By
~T
~~
· r
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 3rd day of December,
1976.