"Each employee, who is entitled to vacation shall take same at the time assigned, and, while it is intended that the vacation date designated will be adhered to so far as practicable, the management shall have the right to defer same provided the employee so affected is given as much advance notice as possible; not less than ten (10) days' notice shall be given except when emergency conditions prevent. If it becomes necessary to advance the designated date, at least thirty (30) days' notice will be given affected employee."

"If a carrier finds that it cannot release an employee for a vacation during the calendar year because of the requirements of the service, then such employee shall be paid in lieu of the vacation the allowance Hereinafter provided."

"Such employee shall be paid the time and one-half rate for work performed during his vacation period in addition to his regular vacation pay."

"Note: This provision does not supersede provisions of the individual collective agreements that require payment of double time under specified conditions."

Attached hereto in exhibit form, Carrier's Exhibit "A" to "F" inclusive, is the exchange of correspondence between the General Chairman of the Telegraphers' Organization and the General Manager of the Carrier in connection with the instant claim, which correspondence reflects the position taken by the parties during conferences on the property with respect thereto.

Carrier's Exhibit "A" General Chairman's letter April 4, 1956

Carrier's Exhibit "B" General Chairman's letter May 1, 1956

Carrier's Exhibit "C" General Manager's letter May 23, 1956

Carrier's Exhibit "D" General Chairman's letter June 2, 1956

Carrier's Exhibit "F" Telegraphers' Vacation Schedule year 1955

The claim is completely lacking in merit and should be denied.

All data in support of the Carrier's position has been submitted to the organization and made a part of the particular question here in dispute. The right to answer any data not previously submitted to the Carrier by the Organization is reserved by the Carrier.

(Exhibits not reproduced.)

OPINION OF BOARD: For the Christmas holiday (December 26th) of 1955, Claimants received time and one-half for working and pro rata pay for the holiday. In the last payroll of the year they were also paid time and one-half for working on vacation. In addition they claim eight hours pro rata pay under Section 5 of Vacation Agreement of December 17, 1941 and Article I, Section 4 of the Agreement of August 31, 1954, reading as follows:

"Such employee shall be paid the time and one-half rate for work performed during his vacation period in addition to his regular vacation pay." (Emphasis ours)

Under our holdings (particularly Awards 9581 and 9754) the Claimants, at first blush, would seem to be entitled to a sustaining award only if the Christmas holiday was embraced in their vacation periods, but upon further consideration that inclusion does not seem necessary, as we shall demonstrate later.

The Record shows the periods of time originally assigned as vacations for each of the Claimants and that of only one (R. E. Miller) included the Christmas holiday. (From what we have said above, it follows that Miller's vacation period which admittedly includes the Christmas Holiday automatically entitles him to recover herein, regardless of the outcome as to the other Claimants.) All of the vacation periods were for ten days except that of Claimant Vose who was entitled to fifteen days and all (except Miller's) were deferred indefinitely.

The claim herein is only for the eight hours pro rata pay referred to in the above quotation, and though it mentions Christmas it is not contingent on the occurrence of a holiday but merely dependent upon vacation. As the Carrier admits in the Record the substance of what is stated in our first paragraph above, namely the payment of time and one-half for working on vacation, the claims should be allowed because under the quotation above the payment so made is in addition to what is now claimed for the two go hand in hand. And by admitting payment Carrier must necessarily admit work was done during the vacation period (whenever it was) and that it was being paid "in addition to his regular vacation pay" which is one day short and is overdue.

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 has been violated.

AWARD