Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28152
THIRD DIVISION Docket No. MW-27536
89-3-86-3-793
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.

(Brotherhood of Maintenance of Way Employee PARTIES TO DISPUTE:



STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

(1) The Agreement was violated when Lineman R. A. Tawny was not allowed nine (9) hours of overtime pay for each week of his vacation (June 17 through June 21, 1985) (System File NEC-BMWE-SD-1380).

(2) Lineman R. A. Tawny shall be allowed nine (9) hours of pay at his time and one-half rate."

FINDINGS:

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

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.



This Claim seeks additional compensation for Claimant while he was on vacation. It is alleged that during the six month period preceding his vacation, Claimant regularly contends, Claimant is entitled to be paid the daily compensation paid by the Carrier as if he had remained at work; this compensation should include overtime worked by the Vacat
Carrier contends that the overtime worked by Claimant's Vacation Relief Worker was "casual and unassigned" and, as such, it is specifically excluded from inclusion in Claimant's Vacation pay allowance.
Form 1 Award No. 28152
Page 2 Docket No. MW-27536
89-3-86-3-793

We are not persuaded the Organization has established that the overtime Claimant's Vacation Reli Not only is the record unclear as to the regularity and nature of the overtime worked before and during the vacation period, but it is also confused with regard to the amount of overtime worked by the Vacation Relief Worker. Accordingly, we have no alter





                          By Order of Third Division


Attest:
        Nancy J. v -,Executive Secretary


Dated at Chicago, Illinois, this 16th day of October 1989.