NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-24652
Josef P. Sirefman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Pacific Transportation
Company (Western Lines):
On behalf of Signal Maintainer J. E. Monger, who was not assigned the
vacation dates he requested for 1981, for an additional eight hours at the time
and one-half rate for all days of vacation taken to date (April 11, 1981) or be
given five vacation days to replace the vacation days assigned. (Carrier file:
SIG 181-37J
OPINION OF BOARD: Claimant, Signal Maintainer J. E. Monger, was not assigned
his first choice of vacation dates for 1981, the Carrier
rejecting the request because it was not consistent with Item 3 of the October
20, 1980 vacation notice that "Vacations are to commence on the first day
following second rest day
...."
The Organization contends that the Carrier's
action was in violation of Article 4(a) of the National Vacation Agreement
dated December 17, 1941.
In the opinion of this Board the critical issue here is that Carrier
asserted on the property that it was following the prevailing practice with
respect to scheduling vacations, and that this position was never effectively
challenged by the Organization. Accordingly, Carrier's assertion remained
uncontroverted, and the Organization did not sustain its burden of proof.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
~.. ! ; '$j~s'the
parties waived oral hearing;
' )tl i
That the arrier and the Employes involved in this dispute are
respectively Carrie* and Employes within the meaning of the Railway Labor Act,
`-,
as,
approved June 21) 1934;
E .·r, r. ~ 1.
' T,ttaN'+,lris Division of the Adjustment Board has jurisdiction over the
d"t6
ispu -172rollv~d herein; and
That the Agreement was not violated.
Award Number 24978 Page 2
Locket Number SG-24652
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy 'ever - Executive Secretary
Dated at Chicago, Illinois this 12th day of September 1984.
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~NOV 6 1984
IC-1-g0
Office ...
