NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
EMPLOYES' STATEMENT OF FACTS: In accordance with the procedures followed on this railroad, Claimant L. W. Blake, second shift Clerk Telegrapher, Shreveport, Louisiana, submitted for his vacation in the year 1961, as shown on the below reproduced copy of the form:
But, due to oversight, the Assistant Chief Dispatcher failed to afford vacation relief on Claimant's position on October 26. Claimant made no inquiry prior to the 26th, and worked the position October 26th without comment. After reporting for duty on October 27, Claimant telephoned the Assistant Chief Dispatcher and requested permission to work the remainder of his vacation. This request was denied, as there was an extra telegrapher available, and Claimant was relieved to take the remaining 13 days of his vacation, October 28 through November 13, 1961.
November 16, 1961 (Exhibit No. 1), General Chairman J. 0. Dafft filed claim with General Superintendent J. R. Holden that Carrier violated the Agreement when it relieved Claimant for the remaining 13 days of his vacation and that Claimant should be paid as though he had worked the remaining 13 days of his vacation period.
The claim was denied, was appealed and denied on appeal, as shown in Exhibits 1 to 11, inclusive, which are attached hereto and made a part hereof.
The applicable schedule agreement is that with The Order of Railroad Telegraphers, effective December 1, 1934, as amended by Supplemental Agreement covering 40 hour week effective September 1, 1949, as well as the Vacation Agreements of December 17, 1941 and August 21, 1954, copies of which are on file with the Board.
OPINION OP BOARD: Carrier and Claimant agreed that Claimant would be relieved for a scheduled vacation beginning October 26, 1961. The record shows that the parties had no further communication relating to the scheduled vacation. Claimant reported for duty on October 26th and 27th after cancelling his vacation plans. On October 27th, Carrier ordered relief for the balance of Claimant's scheduled vacation. Claimant protested the untimely relief which followed.
This Claim arises under Articles o and 7 of the Vacation Agreement of December 17, 1941, as amended by Article 1, Section 5, of the Supplemental Agreement made August 21, 1954.
Carrier was obligated to obtain the necessary relief occupant for Claimant's position on October 26th, or notify Claimant to the contrary within the prescribed period of time. Carrier violated the Agreement by failure to obtain the relief and failure to notify Claimant.
Award Nos. 12424 and 15170 held that a vacation, as envisioned and contemplated by the parties to the National Vacation Agreement, is a period of predetermined consecutive workdays upon which the employe shall not be required to perform duty, but shall be paid therefor.
In the instant case, Claimant was required to remain on the job October 26th and 27th by virtue of Carrier's violation of the agreement, i.e., failure to provide a relief man and failure to give timely notice thereof. Carrier committed a further violation in relieving Claimant on October 28th, after Claimant had elected to remain on duty rather than accept that part of his vacation which Carrier made available. The Claim will, therefore, be sustained.
FINDINGS: The Third Division of the Adjustment Board, 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
DISSENT TO AWARD NO. 15703, DOCKET NO. TE-14227
(Referee Woody)