Form 1 NATIONAL RAILRCAD ADJUSTMENT BOARD Award No. 10520
SECOND DIVISION Docket No. 10303
2-MKT-SMW-185
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
(Sheet Metal Workers' International Association
( A. F. L. - C. I. O.
Parties to Dispute:
(Missouri-Kansas-Texas Railroad Company
Dispute: Claim of Employes:
1. That the Missouri-Kansas-Texas Railroad Company violated Article X,
Sections 1 and 2(b) of the Agreement of December 11, 1981, when Sheet Metal
Worker M. D. Robinson was denied compensation for personal leave day on March
19, 1982, Parsons, Kansas.
2 . That accordingly, the Missouri-Kansas-Texas Railroad Company be
ordered to compensate Sheet Metal Worker Robinson for March 19, 1982, in line
with Article X, Sectiai 2(b) of the Agreement of December 11, 1981.
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 employes 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 Claimant, Sheet Metal Worker M. D. Robinson, started to work for the
Carrier as a Carman in March, 1972. On May 19, 1982, the Claimant requested
one personal leave day rn the basis he had met the qualifying vacation
requirements during eight calendar years under Vacation Rules in effect
January 1, 1982.
The organization informed the Carrier that the Claimant, following a
brief furlough in 1975 started working as a Sheet Metal Worker in August of
that year. It also indicated that Claimant qualified for vacation in ten
consecutive years. The Carrier responded that the Claimant has not been an
Employe since March of 1972 in that he was hired as a Non-Journeyman Carman
and displaced on May 30, 1975. The Carrier also stated the Claimant was
rehired on July 10, 1975 as a Laborer and transferred to the position of
Sheet Metal Worker on August 4, 1975. It was the Carrier's position the
Claimant's new starting date of employment was July 10, 1975, thus
invalidating Claimant's request for a personal leave day.
Form 1
Page 2
Award No. 10520
Docket 1o. 10303
2-MKT-SMW-185
Article X of the December 11, 1981, Agreement provides, in pertinent
part, in Section 1 that:
"Employees who have met the qualifying vacation requirements during
eight calendar years under Vacation Rules in effect on January 1,
1982, shall be entitled to one day of personal leave in subsequent
calendar years..."
The evidence of record establishes the Claimant had a break in service
in 1975. While it is apparently true that the Claimant did meet qualifying
vacation requirements during ten calendar years, the explanatory letter of
November, 1981, from C. I. Hopkins, Jr. , clearly links "hiring" under the
Agreement to qualification for vacation and personal leave days. In that th~
Claimant was hired as a new Onploye on July 10, 1975, his continuous service
for vacation purposes must be dated from his most recent entry into service.
A W A R D
Claim denied.
ATTEST
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Secrnd Division
Nancy .fiver - Executive Secretary
Dated at Chicago, Illinois, this 4th day of September 1985.