BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-5971) that:
EMPLOYES' STATEMENT OF FACTS: Employe 0. E. Lake is the regularly assigned occupant of PBX Steno-Clerk Position No. 7407 at Deer Lodge, Montana. Position No. 7407 is assigned from 8 A. M. to 5 P. M., Monday through Friday, with Saturday and Sunday rest days.
Thursday, May 27, 1965, which was one of employe Lake's vacation days, was also her Birthday and, therefore, a Holiday as provided in Article TI of the National Agreement of November 20, 1964. Consequently, as provided in Section 3 of Article I of the Agreement of August 21, 1954, Thursday, May 27th, was considered as a work day of employe Lake's vacation period. However, Mrs. Lake's Position No. 7407 was filled on Thursday, May 27, 1965.
Time slip claiming eight hours' vacation payment at the straight time rate and eight hours at the time and one-half rate account of her position being worked was filed by employe Lake for Thursday, May 27, 1965.
The time slip was declined by Superintendent M. T. Sevedge in his letter to Mrs. Lake dated June 8, 1965, copy of which is submitted as Employes' Exhibit A, and only eight hours' vacation pay at the straight time rate was allowed Mrs. Lake for May 27th.
Claim was appealed to Mr. S. W. Amour, Assistant to Vice President, under date of June 28, 1965, and was declined by him on September 14, 1965.
claimant Lake's May 27 1965 birthday-holiday was considered as a day of vacation, and she was allowed for that day 8 hours' pay at the straight time rate, the same as she was allowed for each of the other nine (9) days of her vacation.
Attached hereto as additional Carrier's Exhibits are copies of the following letters:
OPINION OF BOARD: The question at issue in this case is the proper payment due Claimant for her birthday, which fell on a workday of her workweek, while she was on vacation. The record indicates that Claimant's position was filled while she was on vacation, including the day which was her birthday. As vacation pay for her birthday Carrier paid her eight hours at the straight time rate of pay and declined the claim for eight hours at the time and one-half rate in addition to what she had already been paid.
Carrier properly considered Claimant's birthday as a workday of the period for which she was entitled to vacation pursuant to Article I, Section 3, of the August 21, 1954 National Agreement, and Article II, Section 6, paragraph (g), of the November 20, 1964 National Agreement, and Claimant would have been properly paid had her position not been filled on her birthday while she was on vacation. It is well settled that, circumstances permitting, Carrier can blank the assignment of a vacationing employe, either in whole or in part. In this case, and particularly as concerns the day which was her birthday, the Carrier chose to fill Claimant's position. If she had not been on vacation Claimant would have had the right to fill the position on her birthday. (Award 15227) Since Carrier chose to fill the position, the claim is meritorious under the agreed-upon Interpretations dated June 10, 1942, to Article 7 (a) of the National Vacation Agreement.
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;