NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 29701
Docket No. SG-29759
93-3-91-3-116
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
PARTIES TO DISPUTE: (Brotherhood of Railroad Signalmen
(CSX Transportation, Inc. (former Louisville &
(Nashville Railroad Company)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of
the Brotherhood of Railroad Signalmen on the
CSXT, Inc. (Former L&N):
Claim on behalf of Signal Gang Members, for
proper application of the National Vacation
Agreement, as amended, account of Carrier
violated the current Signalmen's Agreement, as
amended, when it issued a request for vacation
dates, assigned dates without Organization's
concurrence and canceled requested vacations in
December, 1990." Carrier File No. 15-(90-19).
BRS Case No. 8211-CSXT.L&N."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carrier and the employe or employes involved in
this dispute are respectively carrier and employe 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.
Parties to said dispute waived right of appearance at hearing
thereon.
This Claim seeks a declaratory order from the Board directing
that Carrier apply the National Vacation Agreement in a fashion the
organization perceives that it had ought to be applied. No
monetary remedy is being sought, nor is it contended that any
signalman did not receive a full vacation entitlement in 1990. The
claim stems from instructions Carrier issued to various Signal
Construction Gangs in December 1989, seeking information on
vacation preferences for 1990, and indicating that because of the
Form 1 Award No. 29701
Page 2 Docket No. SG-29759
93-3-91-3-116
size of the gangs, only two employees could be on vacation at any
one time and that no vacations would be granted in December 1990.
It has not been shown though, that Carrier's attempt to seek
information for vacation scheduling is in violation of the
Agreement. It appears that the organization is confusing "requests" for vacation scheduling with tha
scheduling. While the second paragraph of Section 4 of the
National Vacation Agreement, reading:
"The local committee of each organization
signatory hereto and the representatives of
the Carrier will cooperate in assigning
vacation dates."
urges cooperation in scheduling, this is not a requirement in developing information necessary for s
The organization has not submitted a claim to this Board of
sufficient detail and clarity on which an Award in its favor can be
made.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
y J ever, Secretary To The Board
Dated at Chicago, Illinois, this 16th day of July 1993.