NATIGM1. RAIIRQAD ADJUSTMENT BOARD
THIRD DIVISION
Robert A. Franden, Referee
"'""I*A0ard Number 23420
#';'d -*CIA Number CL-23012
f"t<dshood of Railway, Airline and Ste1421l~;
Freight Handlers, Express and Station Employes °
PARTIES TO DTSPMLPI
.,
;-
Tl:e Akron Canton & Youngstown Railroad Company
~,ars,e .-
STATEMHNT OF CIAIM: Claim of the System Committee of thqj~q_~4&d
pa890)
that: :r:_,:
1. Carrier violated the Agreemeit between thd:-V&2itf'Jun19 through 23, 1978, they refused to al
up
on and work
the position of a vacationing empIbye.
2. Mr. Jarrett shall be paid one additional days pay for each date
of the vacation period.
OPINION OF BOARD: This claim is based on the alleged improper use of an employe
other than the claimant to fill a vacation vacancy on June
19
through 23,
1978.
Claimant requested the work of the position of the second
trick IBM clerk the incumbent of which position was on vacation but was denied
the right to fill the vacation vacancy.
The Carrier has taken the position that there is no rule support for
the position of the Claimant and further that the past practice on the property
supports the Carrier's assignment of the vacation vacancy to an extra board
employe junior to claimaat.
We find for the Carrier in the instant case. As between this Carrier
and the Organization, there is no Agreement rule which supports the position
of the Claimant. Further, the record supports the Carrier's position that its
use of extra board employes as the regular vacation relief employes has been
long-standing on this property without objection by the Organization. In the
absence of contractual support for the claim, we must deny same.
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 (terrier and the Employes involved is this dispute
are respectively Carrier and Employes within the meaning of the Railway
Labor Act, as approved Jute 21, 1934;
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
Aw"d Number 23C Page 2
wbat
Number CIT3012
A V~-=
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Clow Ao*dao
NATI.QIAI· RAIIRAAD AWUS'TWT BOARD . .
By order of Third Division
Atteati
ova lsaretowy
Dated at ChImmom v
nu°isv
this 3rd day of Nova 1981·
v,