NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TD-20785
(American Train Dispatchers Association
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: Claim of the American Train Dispatchers Associ-
ation that:
(a) The Seaboard Coast Line Railroad Company (hereinafter referred to as "the Carrier"), violated th
Agreement of February 2, 1965) thereof in particular, when it failed
to properly compensate Claimant Train Dispatcher L. L. Keene, Jr., for
vacation earned in 1971 pursuant to the provisions of said Agreement.
(b) Because of such violation, the Carrier shall now be
required to compensate Claimant Keene the difference between the train
dispatcher rate that he should have been paid and the amount which he
was paid for vacation on September 28, 29, 30, November 10, 11, 12, 15,
16, 17, 18, 19, 22, 23, 24, 25, 26, 29, 30, December 1 and 2, 1972.
OPINION OF BOARD: For some years prior to July 10, 1972, Claimant
held seniority as train dispatcher and performed
services in that capacity. In prior years he had qualified for va
cations under the Agreement and was properly compensated therefor at
the appropriate train dispatcher rate. He resigned as train dispatcher
on July 10, 1972, but during 1971 had performed 189 days of work as
train dispatcher. Claimant contends that by virtue of such work he
qualified for vacation pay in 1972 at the train dispatcher rate.
The Carrier contends that in view of his resignation on
July 10, 1972, Claimant held no seniority thereafter as a Train Dispatcher and was therefore entitle
rate of pay, that being the position held by him in 1972 when he took
his vacation. Accordingly, Claimant seeks compensation for the difference between the train dispatch
for vacation taken during September, November and December 1972,
totaling 20 days. The record shows that there is no dispute as to
propriety of the vacation taken, since Claimant's request to take
these vacation days was approved by the Carrier.
The Agreement between the parties, as supplemented by the
National Agreement of February 2, 1965 supports the position of Claimant. Pertinent portions of the
Award Number 20767 Page 2
Docket Number TD-20785
"ARTICLE XII
VACATIONS
Vacations with pay will be granted to train dispatchers in accordance with the terms and provisi
the National Vacation Agreements to which the American
Train Dispatchers Association is a party. However, such
agreements are not reproduced herein, but a synopsis
thereof has been included as Addendum No. 3. Such Addendum does not constitute an agreement or a cha
original agreements."
NATIONAL AGREEMENT OF FEBRUARY 2, 1965
"ARTICLE III - VACATIONS
Section 1(c)
Effective with the calendar year 1965, an annual
vacation of four weeks (20 working days) with pay,
under the conditions set forth in section 2, will be
grbuted to each dispatcher covered by the scope of
each respective agreement who rendered compensated
dispatcher's se=-vice on not less than one hundred
(100) days during the preceding calendar year and who
has twenty or more years of continuous service with
the employing carrier and who during such period
of continuous service has rendered compensated service on not less than 100 days (160 days in each o
such years prior to 1949, and 133 dsys in the years
1949-1959 inclusive) in each of twenty of such years,
nit nacessaarily consecutive. ,
(Note to Section 1(a), 1(b) and 1(c):
A shift which extends from one
calendar day into another shall
be counted as one day in computing days referred to ab rie.)
Ii
Award Number 20767 Page 3
Docket Number TD-20785
Section 2(a)
(1) - When vacations are afforded
(i)
....
(ii) - A dispatcher not having
a regular assignment will be paid
while on vacation on basis of the
average straight-lime compensation
earned as a dispatcher in the last
payroll period preceding the vacation during which he performed service.
(Notes to Section 2(a):
(a)
.....
(b) The words 'a dispatcher
not having a regular assignment' as
used in this Section mean and refer
to an employee who holds seniority
as a dispatcher and is subject to
call as such at the time his vacation
is taken or at the time he is paid in
lieu thereof.)
Section 2(b)
Vacations, or allowances therefore,
un.ier two or more schedules held by different organizations on the same carrier shall
not be combined to~create a vacation of
more than the maximum number of days provided for in either of such schedules.
Section 2(c)
Effective with the date of this agreement the vacation provided for in this
agreement shall he considered to have been
earncd whaci the dispatcl_er has qualified
under Section 1 hereof. Ii a dispacchcT's
at.ployment status is terminated for any
reason what-oevar, including best not limited
to retirement, resignation, dia~:iarge,
Award Number 20767 page 4
Docket Number TD-20785
non-compliance with a union-shop agreement,
or failure to return after furlough he
shall at the time of such termination be
granted full vacation pay earned up to the
time he leaves the service including pay
for vacation earned in the preceding year
or years and not yet g:-anted, and the vacation for the succeeding year if the dispatcher has qualif
Section 1. If a dispatcher thus entitled
to vacation or vacation pay shall die the
vacation pay earned and not received shall
be paid to such beneficiary as may have
been designated, or in the absence of such
designation, the surviving spouse or children or his estat._ in that order of preference."
Upon Uaimant's complecion iu 1971 of at least 100 days of
train dispatcher service (he actually worked 189 days during 1971
as train dispatcher), he quaiified immediately for 20 working days
of vacation in 1972, compens..ole a: the train dispatcher rate, pursuant to Set:tiOUS 1(c) and 2(c)
he immediately earned his vacation as train dispatcher. Nor can
this right be denied him by reason of his resignation as train dispatcher on July 10, 1972. The conc
amply clear and binding on this point.
Two comparatively recent Awards with similar facts and Similar Agreement provisions affirm the above
Award 13930 (Hamilton) and Award 20340 (Lieberman). In fact, Award
10970 is pxecisz=y on all :ours, for th°re, as here, Claimant had
"voluntarily relinquished his seniority rights as train dispatcher".
It folix:s from the above reascnin;·, therefore, that this
claim must be sus=sized.
_MID_T:·CS: The TL.ird Division of the Ad justuzent Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
Award Number 20767 Page 5
Docket Number TD-20785
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes
the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
That the Agreement was violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Ex'e'cutive ecretary
Dated at Cnicago, Lilinois, this 18th day of July 19 IS