NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 23355

THIRD DIVISION Docket Number CL-22699

Dana E. Eischen, Referee

(Brotherhood of Railway,, Airline and Steamship Clerks,

( Freight Handlers, Express and Station Employee

PARTIES 717 DISPUTE:

(Soo Line Railroad Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-8716) that:

(1) Carrier violated the effective Agreement, specifically Rules 1, 2 and 6(a), when Carrier required and/or permitted the Assistant Accounting Supervisor, a Carrier Official, an employs not under the scope of the effective Agreement to perform the duties assigned to Claimant., each day of Claimant's vacation period; September 26 through September 30, and October 3 through October 7, 1977. Also, the National Vacation Agreement was violated, specifically Article 5 affil 6, when the work of the vacationing employs was performed without utilizing a vacation relief employs.

(2) Claimant A. D. Ollila, incumbent of the position of Switching Accountant, :Minneapolis, Minnesota, shall now be compensated at the rate of tame and one-half for eight (8) hours for each day of his vacation period, September 26 through September 30, and October 3 through October 7, 1977, at the rate of his position, in addition to compensation he has received for these dates for this violation of the effective Agreement.

OPINION OF BOARD: The facts of record are not in dispute and establish a
violation of the Agreements. A non-unit supervisor performed Claimant's work while Claimant was defense of de minimus damage is not persuasive and the assertion that Claimant acquiesced or wholly unsupported in fact. In sustaining the claim we Pixx3-that the damages sought are excessive .and we shall award eight (8) hours for each claim date at the straight time rate.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties waived oral herring;

That the Carrier and the Employes involved in this dispute are respectively furrier and Employee within the meaning of the Railway Labor Act, as approved June 21, 1934;
Award Number 23355
Docket Number Cf.-22699

Page 2

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the Agreement was violated.

A W A R D

Claim sustained to the extent indicated is Opinion.

NATIONAL RAILROAD AD,TiSMWi' BOARD
By Order of Third Division

ATTEST: a Z41.

Executive Secretary

Dated at Chicago., Illinois this 14th day of August 19x1.