Form 1 NATIONAL RAILROAD ADJUSTMENT
BOARD Award No. 7582
SECOND DIVISION Docket No. 7131
2-C&O-BK-'78
The Second Division consisted of the regular members and in
addition Referee Robert G. Williams when award was rendered.
( System Federation No. 4, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Blacksmiths)
(
( Chesapeake and Ohio Railway Company
Dispute: Claim of Employes:
1. That Rule 27 of the Current Agreement and Article 4 of the
National Vacation Agreement of December 17,
1941,
as amended,
were violated when the Carrier furloughed Blacksmiths C. C. Arnett,
W. C. Lambert, 0. Amis, C. Garthee, C: Grubb, G. Binion, G. L.
Foreman, K. R. Jackson, J. W. McCulley, S. W. Eary, T. L. Scaggs,
E. Madden, C. Westfall, 0 L. Adkins and Blacksmith Helpers M
Ronk, J. R. Thacker, E. D. Roberts, P. Roberts, G. W. Williams,
W. Jessie, H. T. Salmons, 0. Willis, W. E. Geer.
2. That accordingly the Carrier be ordered to compensate the above
named employes eight
(8)
hours pay each at the applicable pro
rata rate for each day they were improperly furloughed.
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
disprite 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.
The issue in this case involves the application of Article 4 of the
National Vacation Agreement which provides for cooperation between the
parties in assigning vacation dates. Prior to January 1972, the Carrier
decided to institute a group vacation policy for its Raceland Car Shop.
On January
3,
1972 Carrier discussed its plan with the organizations
involved. The vacation period was confirmed by notice on May 26, 1972
which stated, "It is anticipated that this shut-down will remain in effect
in future years, always starting on the second week of July and ending
the third week of July." The notice also stated employees not entitled
Form 1
Page 2
Award No.
7582
Docket No. 7131
2-C&0-BK-' 78
to vacation would be furloughed and should sign up for unemployment
benefits covering the vacation period. The same notice procedures were
followed in 1973 and 1974. In 1974 the Carrier also issued bulletins
abolishing the jobs of employees who were not eligible for vacation during
the shut-down. After the 1974 vacation the Organization filed this claim.
This Board finds that there was no violation of Article 4 of the National
Vacation Agreement or Rule 27 of the Shop Crafts' Agreement. The Carrier
properly established a group vacation schedule and properly furloughed
employees not eligible for vacation time. The claim therefore must be
denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
Ro emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 12th day of July, 1978.