NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-25966
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Belt Railway Company of Chicago
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-9940) that:
1. Carrier violated the effective Clerks' Agreement when it
unjustly treated Mr. Edward Pollard by refusing to grant him the vacation of
his choice without just cause;
2. Carrier shall now be required to compensate Mr. Pollard for an
additional eight (8) hours' pay at the time and one-half rate of his position
for each day he performed service during the period from December 26 through
December 30, 1983, and for an additional eight (8) hours' pay for December 26,
1983, a holiday during his regular vacation period."
OPINION OF BOARD: Claimant occupied the position of Assistant Head Wheelage
Clerk and requested vacation of December 26 through
December 30, 1983. This request made on February 23, 1983, was granted. On
July 1, 1983, Claimant assumed a new position of Assistant Bookkeeper.
Thereafter, by letter of September 30, 1983, Claimant was notified that his
previously requested and approved vacation time was not allowable. Following
an Unjust Treatment Hearing of November 21 and 22, 1983, the Carrier
reaffirmed its position.
During the progression of this claim on property the Organization
argued that the Carrier had violated the controlling Articles of the National
Vacation Agreement and amendments. Most notably, the Organization points to
the following relevant facts. The Claimant was the senior employe in his
department. The absence of the Claimant would not have significantly affected
Carrier operations in that much of the Claimant's work was to be completed
prior to the time requested and also that other work-related activities were
done with the Bookkeeper who would have remained on the job. In addition the
Organization notes that the Carrier had six months to make arrangements and
made no effort whatsoever to use relief employes. As such, the Carrier failed
to exercise reasonable action in denying Claimant his vacation rights which he
had historically taken at that same time of year.
In the correspondence as exchanged on property, the Carrier denied
that Claimant's presence on the job from December 26th through December 30th
was unnecessary. It also denied that it had acted in Agreement contravention
and unreasonably, as it gave appropriate notice to the Claimant. The Carrier
noted that both positions of Assistant and Head Bookkeeper were filled on July
1, 1983, and as such, the work was being completed by two new and untrained
employes. It further noted that the change of vacation was necessary in the
Award Number 25943 Page 2
Docket Number CL-25966
position of Assistant Bookkeeper as that position required a heavy workload at
the end of each month to close accounts, prepare financial statements and make
appropriate billings. As such, the Carrier argued that with two new employes
in key positions requiring important work to be completed, the vacation plans
had to be shifted. It also noted that there were no relief employes who were
trained, available or could have filled the position.
In the case at bar the central issue is the reasonableness of the
Carrier's action. The Organization argues that Carrier was unreasonable and
supports its position with an interpretive Award by Wayne Morse. A study of
the record in the instant case does not lend itself to direct relevancy of the
Morse Award. In this case, the Board concludes that Carrier action was
reasonable.
The Claimant moved to a new position and therefore his previously
approved vacation is not germane to the issue at bar. Carrier gave ample
notification for Claimant to adjust his vacation. The record substantiates
that Claimant's absence from said position at the end of the month would have
resulted in a major negative effect on operations. There is no evidence in
the record on property of a prevailing practice of occupants of the position
of Assistant Bookkeeper in taking end of the month vacations. The Board finds
no evidence that either employe from July through December had ever been
approved for end of the month vacations in their new positions or that such
imperative practice had ever occurred to previous occupants. Aside from the
various contentions and denials, the record on property does not indicate that
Carrier was in any position whatsoever to utilize relief workers or that such
workers could have been made available.
After a careful and thorough review of the record this Board finds
ample evidence present to substantiate the reasonableness of Carrier's action.
In the instant case this Board is presented with two inexperienced employes in
an important position confronted with end of the month imperatives without
competent relief. Carrier's actions in these circumstances were reasonable,
justified and with Agreement support. This Board finds no merit to the claim.
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 involve herein; and
That the Agreement was not violated.
Award Number 25943 Page 3
Docket Number CL-25966
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy er - Executive Secretary
Dated at Chicago, Illinois, this 26th day of February 1986.