PARTIES TO DISPUTE:


MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE

RAILROAD COMPANY


STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Minneapolis, St. Paul & Sault Ste. Marie Railroad, that:






EMPLOYES' STATEMENT OF FACTS: The agreements between the, parties to this dispute are available to your Board and are by this reference made a part hereof.


On the Gladstone Division of the Carrier, at Ladysmith, Wisconsin, it
 maintains round-the-clock service with three telegraphers' positions. The
 first shift starts at 7:00 A. M.; the second at 3:00 P. M., and the third at.
 11:00 P.1 V1. There is a regularly assigned relief position at this location
 to perform the rest day relief service which relieves the first shift on Satur
 days and Sundays; the second shift on Mondays, and the third shift on
 Tuesdays and Wednesdays of each week. Claimant H. F. Cornelissen is
 regularly assigned to this relief position, designated as Relief Position No. 4..

The vacation assignment list on the Gladstone Division for the calendar year 1955, covering Agents and Operators, was issued by this Division Superintendent under date of January 7, showing the name of H. F. Cornelissen, Vacation Period August 6 to 24 inclusive, Number of Working Days 15. This in accordance with Article 4 of the Vacation Agreement.



9252-15 823

OPINION OF BOARD: Claimant Cornelisson held the relief position for the three shift assignments at Ladysmith. Due to unexpected conditions no extra or vacation relief employe was available at his vacation time and operator Feucht, who was regularly assigned to the third shift at Ladysmith, worked the relief position during this period. Claim for pay for vacation period at time and one-half rate is made in behalf of operator Cornelisson on the ground that he was improperly relieved and should have been required to work his vacation.


As applied to relief work under Rule 22 (a)5 there was an emergency and under Section 12 (b) of the Vacation Agreement and Rule 22 (h) of the Agreemnt Operator Feucht was properly used to fill the vacation vacancy.


FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


    That the parties waived oral hearing;


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


    That the Agreement was not violated.


                  AWARD


    Claim denied.


              NATIONAL RAILROAD ADJUSTMENT BOARD By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois, this 26th day of February, 1960.