PUBLIC LAW BOARD 3367
AWARD #4
L"XMBERS OF THE HOARD
D. BATES
Carrier Member
JUDGE ARTHUR W. SEIPLINER
Chairman and Neutral
PARTIES UNITED TRANSPORTATION UNION
TO
DISPUTE
M. D. ROBERTS
Organization Member
DETROIT, TOLEDO & IRONTON RAILROAD COMPANY
STATEN
OF
CIJ1I74:
FINDING:
finds that:
Does Section 8 of Article 1 of "New York Dock" protective conditions require that displacement and
dismissal allowances paid to protected employees
pursuant to Sections 5 and 6 of "New York Dock"
protective conditions to be considered the equivalent of rendering service in determining whether an
employee qualifies for a vacation and also be considered as compensation earned in determing the
amount of vacation pay an employee is entitled to?
The Board, upon the whole record and all the evidence,
The Carrier and Employee involved in this dispute are
respectively Carrier and Employee within the meaning of the Railwe
Labor Act, as amended.
This Board has jurisdiction over the dispute and the
pasties involved herein, and the parties were given due notice of
hearing.
2=B ?357
Award # 4
Page 2
FINDING:
The Carrier's position is that the vacation allowance :s
determined by
compensation rendered
in the calendar :·ear,, and =.`.a_
dismissal and displacement allowances are not considered as service
earned or rendered.
The Organization states that Section 8. Fringe Benef;=s. :_
the controlling factor to insure that a dismissed -Employee is
entitled to all the amenities afforded to an active Employee, and
all such allowances must be used in computation and qualification
for vacations.
We cannot agree with tie position of the employees. Compensated service is the basis for vacation credit. The benefits
provided here are not for compensated service.
We therefore find that the dismissal and/or displacement
allowance cannot be calculated with the earnings received in
qualifying for vacation pay.
AWARD: CLAIM DENIED
ORDER: This award is ordered effective forthwith.
Judge Arthur Sem iner
Chairman and . eutral
DATED:
-a
7
, 1984
D. Bates
Carrier Member
- 9 - L?~xx
Roberts
Organization Member