NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 21509

THIRD DIVISION Docket Number CL-21256

Irwin M. Lieberman, Referee

(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(R. C. Haldeman, Trustee of the Property of
( Lehigh Valley Railroad Company, Debtor

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7867) that:

(1) Carrier violated the provisions of the National Vacation Agreement, as amended, in particular Article 8 thereof, when it failed and refused to allow Claimant L. S. Martin, who resigned from position of Assistant Supervisor, Auditor of Revenues Office, effective January 2, 1974, vacation pay for 1974 which he had earned at the time of his resignation by reason of necessar
(2) Carrier shall compensate Claimant L. S. Martin the vacation allowance for 1974, prescribed i Agreement.

OPINION OF BOARD: By letter dated January 2, 1974, Claimant tendered
his resignation from the Carrier and advised that
"wage equivalent to three weeks vacation" could be mailed to his home.
The matter was subsequently handled as a time claim under date of April
24, 1972, when request for two weeks' vacation pay was progressed and
denied by the Carrier on the theory that payment in lieu of vacation is
not warranted because Claimant was assigned to a "P" position.

Carrier raises certain procedural questions concerning the filing of this claim which we find have no merit. On the substantive issue, the identical question was considered in Award 14360, involving the same parties and agreements. In that Award we held:

"Although Mr. Harvey's rP' position was partially excepted from the working rules of the Agreement, his position was covered by Rule 1, the Scope of the Agreement. Thus, the Brotherhood represented him along with all members subject to the Scope of the Agreement when it negotiated amendments to the National Vacation Agreement is August 1960. Moreover, since these amendments did not designate any exceptions, this National Vacation Rule applies to partially-excepted employe, Mr. Harvey, and he is entitled to vacation pay for 1961 for service he had rendered during 1960 and prior years."

Award Number 21509 page 2

Docket Number CL-21256

We do not find that the Award above contains palpable error and its conclusions are clearly applicable to the dispute herein.

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.

r A W A R D

Claim sustained.

NATIONAL RAILROAD ADJUSTMENT BOARD &4LMW-- By Order of Third Division

ATTEST: Executive Secretary

Dated at Chicago, Illinois, this 29th day of April 1977.

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