NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-19672
Benjamin Rubenstein, Referee
(Brotherhood of Maintenance of Way Employee
PARTIES TO DISPUTE:
(The Illinois Central Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The harrier violated the Agreement when it arbitrarily required
a group of employ·~s at the Centralia Pressure Welding Plant to take two (2)
weeks of vacation o,:gianing January 2, 1970 (System File SLN-109-W-70/Case
No, 724 MofW).
(2) In addition to tn,, pay they have received, each of the claimants*
be paid at their respective time and one-half rates for the days indicated opposite their names beca
*The claimants are:
W. J. Hawk , 10 days K. E. Bierman ,10 days
F. B. Eh1er 10 days A. R. King 10 days
R. C. Cunningham 10 days W, S. Weaver 10 days
K. L. Novak 10 days P. J. Pelker 10 days
J. R. Branson , 10 days R. C. Dulany ... 10 days
J. P. Dryant., 10 days R. E. McIntosh 10 days
V. H. Shelton 10 days J. M, Perry 10 days
Clyde Pierce , , 10 days J. W. Chapman , 10 days
V. G. Lomax , 10 days E. C. Troutt, 10 days
R. E. Butler 10 days J. T. Labuda 10 days
E. E. Wieneke._ , 15 days
OPINION OF BOARD: Claimants are assigned to Carrier's Centralia Pressure Weld
ing Plant at Centralia, Illinois. Carrier was converting
the operations of this plant from one shift operation to a two shift operation.
During the transitional period, Carrier alleges that it was impossible to con
tinue normal operations at the plant and Claimants were instructed to take two
and/or three weeks of their vacation, commencing January 2, 1970. Claimants
protested Carrier's instructions as being in violation of Article 4 of the Vaca
tion Agreement.
Article 4(a) and (b) reads as follows:
"(a) Vacations may be taken from January 1st to
December 31st and due regard consistent with requirements
of service shall be given to the desires and preferences
of the employee in seniority order when fixing the dates for
the::
vacations.
Award Number 19714 Page 2
Docket Number MW-19672
. "The local committee of each organization signatory
hereto and the representatives of the Carrier will cooperate
in assigning vacation dates,
(b) The Management may upon reasonable notice (of
thirty (30) days or more, if possible, but in no event less
than fifteen (15) days) require all or any number of employes
it.
any plant, operation, or facility, who are entitled to vacations to take vacations at the same t
The local committee of each organization affected signatory hereto and the proper representative
cooperate in the assignment of remaining forces."
The primary issue to be determined is whether adequate notice was
given to the Claimants requiring all or any number of them to take their vacations at the same time.
of operation necessitating shutting down the plant operations during the transition period and all w
not made known to them until the week-end of December 26, 1969.
It is the opinion of the Board, giving full consideration to facts and
rules at hand, that Carrier did not give adequate notice in accordance with Article 4 of the Vacatio
The claims will be allowed. Since Claimants have already been paid at
straight time for each day claimed, they each shall receive one-half time additional pay for the num
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.
Award Number 19714 Page 3
Docket Number MW-19672
A W A R D
Claim sustained to extent set forth in the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 13th day of April 1973,.
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