THIRD DIVISION
(Supplemental)
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Missouri-Kansas-Texas Railroad that:
EMPLOYES' STATEMENT OF FACTS: As of October 23, 1961 and prior thereto, Claimant E. O. Potter was the regularly assigned incumbent of a Drawbridge Operator's position at Boonville, Missouri, bulletined to work six days per week, at a monthly rate of $450.95. Effective October 24, 1961, Carrier abolished the position.
Claimant had been scheduled to start his vacation of three work weeks (for which he had duly qualified) beginning November 1, 1961. Because of the abolishment taking effect shortly prior to his vacation date, Claimant and his immediate supervisor, the Chief Dispatcher, agreed that Potter would advance his vacation to commence October 24, 1961. Accordingly, Claimant Potter did take his vacation of three work weeks.
The parties are signatory to the so-called National Vacation Agreement, effective January 1, 1942, which, by reference, is hereby made a part of this submission. By ®n agreement dated August 21, 1954, made on a national basis, the parties amended the 1942 Vacation Agreement with the following provisions significant of this claim:
Under date of October 18, 1961, he was notified by wire through the first trick Drawbridge Operator by the General Superintendent that his assignment would be abolished at the conclusion of the work day, Monday, October 23, 1961, which was claimant's rest day. He notified the Assistant Chief Dispatcher upon receipt of that notice that he would protect the three days per week extra relief work at Franklin when his assignment was abolished, and requested permission to start his vacation October 24, 1961, instead of November 1, 1961, as scheduled, which was granted.
He was reported on semi-monthly time roll for the last half of October, 1961, by the first trick Drawbridge Operator as working six (6) days October 17-22, inclusive, and as on vacation seven (7) days October 24-31 at monthly rate of $450.95. He was also reported on semi-monthly time roll for first half of November, 1961 as on vacation eleven (11) days November 1-12 at the monthly rate of $450.95. Allowance was originally made by the Timekeeping Department under Articles 1 (d) and 7 (a) of the Vacation Agreement, and when this error was detected in last half of November, 1961, the vacation allowance was adjusted under Articles 1 (c) and 7 (e) of the Vacation Agreement.
Claimant returned from vacation protecting extra work at Franklin starting Sunday, November 19, 1961.
Carrier's Exhibit A attached is copy of correspondence exchanged by the parties in handling this matter on the property.
OPINION OF BOARD: On October 23, 1961, and prior thereto, Claimant Potter was the regularly assigned incumbent of a Drawbridge Operator's position at Boonville, Missouri, bulletined to work six days per week at a monthly rate of $450.95. Effective October 24, 1961, Carrier abolished the position. Claimant had been scheduled to start his three weeks' vacation beginning November 1, 1961. By consent, vacation was advanced to commence October 24, 1961.
Claimant contends that as he was occupying a monthly rated position assigned to work six days per week just before his vacation commenced, he was entitled to eighteen (18) days' vacation. Carrier, to the contrary, contends that when he started his vacation he was an extra man, and entitled to the average daily straight time compensation earned in the last period he worked, or fifteen (15) days' vacation.
The issue presented here has been determined in a prior award on this property. Award No. 15570.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds: