Form 1 \ATIW,.%L RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31882
Docket `o. CL-32050
97-3-94-3-138
The Third Di-.ision consisted of the regular members and in addition Referee
John C. Fletcher when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-11077) that:
(a) Carrier -iolated the rules of the current Clerks' Agreement at
Kansas City, Kansas on March 14, 1992, when the following Employees
were notified they would not be allowed to take vacation at the time
originally assigned:
NAME SENIORITY DATE
J. D. Acton 6/23/73
J. X. Alonzo 6/6/55
V. L. Belka 5113/76
L. D. Biggs 1218/70
G. J. Birka 6/12167
J. K. Brinkley 7/13155
B. L. Brooks 11/9/65
B. M. Brown 7/9/70
R L. Brunmeier 5/19/69
J. C. Buckle 11/22/58
M. L. Burkin 4/10/74
S. J. Burris 9/19/69
B. A. Clark 9/6172
G. E. Crawford 5/6/77
D. V. Daniels 6/14/78
T. E. Dillmon 10/4/56
A. G. Drew 5/11/70
Form I
Page '_
:ward No. 31882
Pocket No. CL-31050
97-3-94-3438
NA.NfE SENIORITY DATE
C. E. Eells 10/2/69
8/18/70
8/6/59
2/12151
5126/73
1/22/74
9/21/73
4/9/73
10/11/56
9/22!74
11/7/52
11/25/67
7/25/62
8/9/76
5/16/55
2/14/68
11/3/77
11/14/77
3/26/74
5/21/72
9/9/69
1/5/58
9/22!56
8/9/54
3/19/58
6/17/73
8/2/74
8/25/73
3/8/67
6/3/74
8/27/71
5/11/72
9/22177
5/4/60
5/2/64
3/8/52
J. M. Gates
L. J. Gilmore
H. W. Glaze
L. Vi. Healy
L. A. Huffaker
S. L. Javorskv
C. K. Johnson
D.
E. Johnson
D.
L. Johnson
D. M.
Jones
P. G. Kempf
rI. F. Laaaaa
V. S. Laatau
J. F. Laudick
J. N. Littleton
C. S. Mania
J. A. Massey
C. A. Mauk
PL
E. McRae
G. P. lteriwether
D.
L. Miles
D.
L. Montgomery
C. W.Viooaeyham
W. F. Morrison
L. K. Nelson
C. R Ohare
J. W. Overton
L. K Patten
L L. Poindexter
I. M. Pryor
M. J. Qu:.ilan
D. K. Rlckelman
R N. Rood
T. W. Sallee
J. W. Sharp
Form 1
Page 3
.award No. 31882
Docket Yo. CL-32050
97-3-94-3438
\ANIE
R. L.
Smith
R. 11'.
Smith
S. J. Ta,, for
J. L. NNilliams
R. L. Williams
W. J. %Nilson
SE.NIORITY DATE
3/15/73
5126/62
1217/78
3! 12/G2
12110/54
6/9/73
(b) the aforementioned employees shay now be allowed to take vacation
at the time originally assigned, or, if not so allowed,
(c) the aforementioned employees shall now be compensated for eight
(8) hours' pay at the time and one-half rate of their positions for each day
of the period originally assigned, in addition to any other compensation
received for these days."
FINDINGS
m
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved is this dispute
are respectively carrier and employee 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 were given due notice of hearing thereon.
After the 1992 vacation schedule had been posted, Carrier, on March 10, 1992,
advised the Claimants in this case that their previously posted vacations would be
changed. The Organization, on May 8, 1992, filed the instant claim contending that the
Agreement was violated when Claimants were not avowed to take their vacations at the
time originally assigned, as a result of cooperation between the parties in preparing the
vacation schedule.
Form l Award No. 31882
Page 4 Docket No. CL-32050
97-3-94-3438
There
a
no question that the National Agreement permits Carrier, upon proper
notice, to make changes in scheduled % acations. It has not been argued in this case that
the minimum notice requirements for effecting such changes have not been satisfied.
Instead, what the Organization has bottomed its claim upon is that the vacations were
deferred on the basis of "trio ial or inconsequential reasons" which are at odds with the
interpretations to the National Vacation Agreement provided by Referee Morse.
The Organization notes that Third Division Award 12312, involving this Carrier
and this Organization, dealing ,--ith essentially the same issue as is before this Board in
this Docket, concluded that:
"[Njo vacation should be deferred except for good and sufficient reason
and the mere assertion by the Carrier that a relief employee is not
available is not conclusive proof that there was `good and sufficient reason
growing out of essential service requirements and demand."'
The basic reason that Carrier offered for deferring the vacations of Claimants
was the lack of available relief employees. .ward 12312 teaches that this is not a "good
and sufficient reason" for the deferral of a vacation. Accordingly, the claim has merit.
It will be sustained in part.
Part (c) of the Organization's claim seeks eight hours pay at time and one half
rates for each day of the vacation period originally assigned that was worked, in addition
to any other compensation received for those days. This remedy is inappropriate.
Instead, the remedy provided in Award 12312 is the appropriate remedy to apply here.
Claimants shall be allowed an additional four hours pay at pro-rata rates for each day
of their original vacation periods that they were required to work.
AWARD
Claim sustained in accordance with the Findings.
Form 1 award No. 31882
Page 5 Docket No. CL-32050
97-3-94-3438
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 4th day of March 1997.