PARTIES TO DISPUTE:

TRANSPORTATION-COMMUNICATION EMPLOYEES UNION

CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD

COMPANY


STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Employees Union on the Chicago, Milwaukee, St. Paul and Pacific Railroad, that:




EMPLOYES' STATEMENT OF FACTS: The claim in this case is based upon the provisions of an agreement effective September 1, 1949, as amended and supplemented, made between the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, hereinafter referred to as Carrier, and The Order of Railroad Telegraphers, now renamed the Transportation-Communication Employees Union, hereinafter referred to as Employes and/or Union. Copies of said agreements are on file with your Board and are, by this reference, made a part hereof.


The issue presented by this claim, involves the question as to the proper allowance to be paid to an employe who works during his assigned vacation period, and wherein a holiday falls on a work day of his work week.


The handling of this dispute on the property is depicted by the following exchange of correspondence, made between the parties during such handling:





Section 4 of Article I-Vacations-of the National Agreement of August 21, 1954 also revised the Non-Operating Employes Vacation Agreement and reads as follows:




In accordance with the aforequoted revisions to the Non-Operating Employes Vacation Ageeement as well as in accordance with a recognized past practice of long standing, claimant Nichols was allowed eight (8) hours at the pro-rata rate and an additional eight (8) hours at the time and onehalf rate on each of the nine (9) work days during his scheduled vacation period, i.e., from July 4 through July 14, 1966.




Letter written by Mr. S. W. Amour, Vice President-Labor Relations, to Mr. W. E. Waters, General Chairman, under date of November 17, 1966 . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . Carrier's Exhibit "A"


Letter written by Mr. Amour to Mr. Waters under date of January 6, 1967 . . . . . . . . . . . . . . . . . . . . . Carrier's Exhibit "B"


Letter written by Mr. Amour to Mr. Waters
under date of February 2, 1967 ..... . . . . . . .Carrier's Exhibit "C"



OPINION OF BOARD: Claimant Nichols was entitled to 9 working days' vacation w'th pay or payment in lieu thereof. His vacation was seheduled from Monday, July 4 through Thursday, July 14, 1966. However, he was required to work during his scheduled vacation, and he worked the 8 hours of his regular assignment on Monday, July 4, 1966, a holiday. Thus Claimant worked during his vacation and on a holiday that occurred on a work day of his regular assignment. Cla'mant was paid 8 hours at pro rata and 8 hours at time and one-half for his work on July 4.


Claimant contends be was not properly paid for July 4, and claims an additional 8 hours' pay at pro rata and 8 hours at the time and one-half rate.


Carrier contends that Claimant was properly paid and that the Agreement does not provide or contemplate the pyramiding of penalties for work performed on a holiday which is also a vacation day.


The issue arising from this claim has been decided in numerous awards of this Div'sion which sustain Claimant's position. See Awards 9754, 9957, 10892, 12759, 16638, 16096, 17047, 17363, 176,88 and 17746. Accordingly, this claim will be sustained.


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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 Tespectively 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









Dated at Chicago, Illinois, this 17th day of July 1970.

Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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