4W36,
Award No. 18113
Docket No. TE-18180
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
John H. Dorsey, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
CHICAGO & ILLINOIS MIDLAND RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the
Transportation-Communication Employees Union on the Chicago and Illinois
Midland Railway Company, that:
CLAIM NO. 1
1. Carrier violated the Agreement between the parties when it
improperly relieved the following regularly assigned employes for
vacations during the year 1967:
D. M. Oliver June 12-June 23, 1967 10 days
W. J. Dowell May 24-June 11, 1967 15 days
G. H. Hinrieh May 18 - May 22, 1967 5 days
V. D. Pilgrim May 13 -May 17, 1967 5 days
W. E. Patterson May 3 -May 12, 196 7 8 days
2. Carrier shall compensate the above-named employes eight
hours' pay at time and one-half rate for each day improperly relieved.
CLAIM NO. 2
1. Carrier violated the Agreement between the parties when it
improperly relieved the following regularly assigned employes for
vacations during the year 1967:
E. R. Gibbs July 31 - Aug. 4, 1967 5 days
J. C. Crum June 26-July 14, 1967 15 days
2. Carrier shall compensate the above-named employes eight
hours' pay at time and one-half rate for each day improperly relieved.
CLAIM NO. 3
1. Carrier violated the Agreement between the parties when it
improperly relieved the following regularly assigned employes for
vacations during the year 1967:
J. M. Ruggles Aug. 8 - Sept. 2, 1967 20 days
E. R. Gibbs Sept. 5-Sept. 9, 1967 5 days
2. Carrier shall compensate the above-named employes eight
hours' pay at time and one-half rate for each day improperly relieved.
CLAIM NO. 4
1. Carrier violated the Agreement between the parties when it
improperly relieved the following regularly assigned employes for
vacations during the year 1967:
M. L. Ellingsworth Sept. 18-Oct. 6, 1967 15 days
W. E. Patterson Oct. 9 - Oct. 13, 1967 5 days
G. R. Hinrich Oct. 19-Oet. 23, 1967 5 days
2. Carrier shall compensate the above-named employes eight
hours' pay at time and one-half rate for each day improperly relieved.
CLAIM NO. 5
1. Carrier violated the Agreement between the parties when it
improperly relieved the following regularly assigned employes for
vacations during the year 1967:
V. D. Pilgrim Oct. 28-Nov. 8, 1967 10 days
J. C. Crum Nov. 27 - Dec. 1, 1967 5 days
R. Brown Nov. 9-Nov. 20, 1967 10 days
C. H. Freeman Dee. 4-Dec. 1.5, 1967 10 days
V. D. Pilgrim Dee. 23-Dec. 26, 1967 4 days
2. Carrier shall compensate the above-named employes eight
hours' pay at time and one-half rate for each day improperly relieved.
EMPLOYES' STATEMENT OF FACTS:
(a) STATEMENT OF THE CASE
The Agreement between the parties, dated November 1, 1946, as amended
and supplemented, is on file with your Board and by this reference is made
a part hereof.
The claims were timely presented, progressed, including conference with
highest officer designated by the Carrier to receive appeals, and have retrained
declined. The Employes, therefore, appeal to your Honorable Board for adjudication.
These claims arose when the Carrier, after a vacation schedule was
established, adviscd the Employes on March 14, 1967 that the Carrier would
be unable to release the telegrapher employes for their 1967 vacations. On
April B, 1967, the Manager of Personnel requested conference to reschedule
the vacations due to the availability of one extra telegrapher resulting from
an abolishment of a position, and on April 14, 1967 the vacation schedule was
reestablished. On May 3, 1967, the Superintendent advised the Employes'
representative that one J. L. Coady was hired temporarily as a vacation relief
employe, but would not establish seniority rjghts until after he was used
sixty days.
J. L. Coady held a regular assignment to a laborer position under an
Agreement between the Carrier and the International Brotherhood of Firemen,
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(Exhibits not reproduced.)
OPINION OF BOARD:
The Clams herein involve the same parties and
Agreement and present the same pivotal issue as in Award No, 18112. For
reasons stated in that Award we will deny the instant 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 Carrier did not violate the Agreement.
AWARD
Claims denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 30th day of September 1970.
Keenan Printing Co., Chicago, 111. Printed in U.S.A.
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