the parties that employes R, W. Parker and H. C. Mize, Fruit and Vegetable Inspectors, Kansas City, Missouri, took their third week vacation granted to them under the terms of the National Agreement signed at Chicago, Illinois August 21, 1954. Their vacations running consecutively from November 8, 1954, through November 19, 1954, for a total of ten working days.
OPINION OF BOARD: This claim arose when Mr. R. W. Parker and Mr. H. C. Mize, Fruit and Vegetable Inspectors, Kansas City Missouri, took their third week of vacation under the terms of the National Agreement signed at Chicago, Illinois, August 21, 1954.
It is apparent from the evidence that prior to November 8, 1954, it had been necessary for the Bureau at the Kansas City operation, herein involved, to make some reductions in its employes. The two claimants, Mr. L. S. Shannon, a former Fruit and Vegetable Inspector, was reduced to a Transit Clerk position and Mr. H. J. Schultz, a former Transit Clerk, was placed on the furlough list.
Mr. J. A. Pigg, who had been employed by the Bureau as a Fruit and Vegetable Inspector up to the time of his resignation, July 9, 1952, was employed by the Bureau to fill the vacation vacancies that are in dispute.
The Organization relies on Rule 7, Section (e) and Article 12 (b) of the Vacation Agreement, and show to support their contention Awards 7024 and 5255. In reviewing Award 7024, and accountant laid off and his position was finally filled by Carrier under paragraph (a) of the Memorandum of Agreement dated July 3, 1950, which provides that-
The Board held that the agreement was violated because the Carrier had to offer the senior employe a choice to accept or reject which was not done in this- case and it was further shown that the Carrier had abused his right of discretion and had employed a junior to fill the vacancy.
In Award 5255 it was the Carrier's contention "that Rule 7(e) does not require the Carrier to apply the seniority rules strictly, but in any event it was incumbent upon the Claimant to have made application for the vacancies in the same manner as for other vacancies or positions. * * * and that in this case the Claimant did not make known her desire for the positions until the vacancies had terminated." The record disclosed that the Organization's Chairman had conferred with the Chief Cleric regarding the position then occupied by the temporary employe, and advised him that Miss Barta should have been used. The Board held that this conference was notice to the Carrier that Claimant desired the temporary position to which her seniority entitled her.
We do not see where the above cases cited by the Organization could have any application in the instant case nor does Rule 7(e) as it pertains to:
It is our opinion that there is a specific rule, that is applicable in this situation, and that is Section 12(b) of the Vacation Agreement which reads: 8900-9 911
The evidence in this case clearly shows that Mr. J. A. Pigg was employed solely for the purpose of providing relief while the regular employe was on vacation as he (Pigg) had been in the past, which would bring him under the requirements of Section (b) as a regular relief employe.
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 Employes involved in this dispute are respectively Carrier and Employes 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; and