Award Number 17576
Docket Number TE-17625
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Paul C. Dugan, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
THE NEW YORK, NEW HAVEN AND HARTFORD
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the
Transportation-Communication Employees Union on the New York, New Haven
and Hartford Railroad, that:
1. Carrier violated the Agreement between the parties when during
the year 1966 it did not allow Messrs. W. F. Garvansites, V. J.
Bellantuono, J. T. Carrah, M. M. Mendes, Jr., and C. O. Steeves
their vacations and refused to compensate them for time worked
in accordance with the Agreement.
2. Carrier shall be required to pay Claimants named in 1 above at
the rate of time and one-half for service performed, for the number of days vacation to which they were entitled during the year
1965, less the amounts they were paid for working.
EMPLOYES' STATEMENT OF FACTS:
(a) STATEMENT OF THE CASE
The Agreement between the parties dated September 1, 1949, as amended
and supplemented, is available to your Board and by this reference is made
a part hereof.
This claim was timely presented, progressed to the highest officer designated by the Carrier to receive appeals, including conference, in accordance
with the terms of the Agreement, and has been declined. The Employees,
therefore, appeal to your Honorable Board for adjudication.
This claim arose because the Claimants were entitled to vacations during
the year 1966. The vacation periods were scheduled in accordance with the
terms of the Agreement. Carrier timely notified each of them that due to the
shortage of qualified employees they could not be relieved and this occurred
several times during the year. Finally they were notified that payments in
lieu of vacations would be made on the payroll for the week ending December
19, 1966. They were properly compensated for the number of days vacation to
which they were entitled. During the month of December they claimed time
and one-half for service performed during their vacation periods but Carrier
paid them at the straight time rate.
(b) ISSUES
Is an employee who is denied his vacation and compensated at the pro
rata rate at the end of the year in lieu of vacation entitled to be
Copy of the Agreement between the parties, dated September 1, 1949, as
amended, is on file with this Board and is, by reference, made a part of this
submission.
(Exhibits Not Reproduced)
OPINION OF BOARD: The facts and issue in this dispute are similar
to the facts and issue in Award 17576, and for the reasons stated in said
Award, we are compelled to sustain these claims.
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 violated.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Executive Secretary
Dated at Chicago, Illinois, this 11th day of November 1969.
Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.
17576 17