Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 12984
Docket No. 12818
96-2-93-2-185
The Second Division consisted of the regular members and in
addition Referee Robert E. Peterson when award was rendered.
(International Association of Machinists
( and Aerospace Workers
PARTIES TO DISPUTE:
(The Union Pacific Railroad Company
STATEMENT OF CLAIM:
"1. That the Missouri Pacific Railroad Company
(hereinafter referred to as Carrier) violated the
provisions of the vacation agreement of the Current
Controlling Agreement as well as custom and past practice
between the International Association of Machinists and
the Missouri Pacific Railroad Company dated June 1, 1960,
as subsequently revised and amended when it paid
Machinist R. E. Swanger (hereinafter referred to as
Claimant) his 1992 vacation pay in lieu of vacation and
consequently denying Claimant his contractual right to
his health insurance benefits associated with the
Carrier's payment of his vacation.
2. That the Missouri Pacific Railroad Company adjust
its vacation pay records to reflect that Claimant was
paid his 1992 vacation pay as vacation pay. That the
Carrier accord Claimant all benefits and credit toward
railroad retirement."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved
in this dispute are respectively carrier and employee 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.
Form 1 Award No. 12984
Page 2 Docket No. 12818
96-2-93-2-185
A dispute not unlike that here at issue, involving the same
parties, but a different Claimant, was denied by the Board in
Second Division Award 12827.
Certainly, some semblance of a stare decisis approach to like
claims is desirable, especially where, as here, the Award cited in
a prior case is found to be well reasoned and to rest on sound
principles of contract interpretation. We will therefore endorse
the findings of Award 12827 in holding that the instant claim be
denied.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant(s) not
be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 2nd day of February 1996.