NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of the
Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and
Station Employes on the Missouri Pacific Railroad, that the Carrier violated
the Clerks' Agreement:
1. When, on Monday, September 6, 1954, a holiday, Clerk Edna
S. Thompson was away on a part of her scheduled vacation and the
Carrier deducted one of her remaining vacation days due her under
Article I, Section (c) of the Chicago Agreement signed August 21,
1954 effective with the calendar year of 1954, on the grounds that
Clerk Thompson was paid for the holiday, September 6, 1954, and
since she had already had eleven paid vacation days there were only
four vacation days due her.
2. Since the vacation schedule was prepared late in 1953 or
early in 1954, before the August 21, 1954 Chicago Agreement was in
existence, the Carrier is not privileged to deduct a vacation day in
order to equalize for a paid holiday to this Claimant, which occurred
on September 6, 1954, and therefore the Carrier shall be required to
pay Mrs. Thompson for one vacation day for 1954 at the rate of an
Exchange Clerk $16.54 per day, which it declined to do, in violation
of the Agreement of August 21, 1954.
FINDINGS:
The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon and upon the whole
record and all the evidence, finds and holds:
That the Carrier and the Employe involved in this dispute are respectively
carrier and employe within the meaning of the Railway Labor Act, as
approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein;
That the dispute was certified to the Third Division of the Adjustment
Board ex parte by complainant party; and
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That hearing thereon has been held and concluded. Under date of May
19, 1958, the parties jointly addressed a formal communication to the Secretary
of the Third Division, requesting withdrawal of this case from further consideration by the Division, which request is hereby granted.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: A. Ivan Tummon -
Executive Secretary
Dated at Chicago, Illinois, this 5th day of June, 1958.