MEMBERS OF THE BOARD
D. BATES M. D. ROBERTS
Carrier Member Organization Member
JUDGE ARTHUR W. SEMPLINER
Chairman and Neutral
PARTIES UNITED TRANSPORTATION UNION
TO
DISPUTE DETROIT, TOLEDO & IRONTON RAILROAD COMPANY
STATEMENT
OF
CLAIM:
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?
FINDING:
The Board, upon the whole record and all the evidence,
finds that:
The Carrier and Employee involved in this dispute are
respectively Carrier and Employee within the meaning of the Railway
Labor Act, as amended.
This Board has jurisdiction over the dispute and the
parties involved herein, and the parties were given due notice of
hearing.
FINDING:
PLB 3367
Award #4
Page 2
The Carrier's position is that the vacation allowance is
determined by compensation rendered in the calendar year, and that
dismissal and displacement allowances are not considered as service
earned or rendered.
The Organization states that Section 8. Fringe Benefits. is
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 the 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:
ORDER:
DATED:
CLAIM DENIED
This award is ordered effective forthwith.
J'~ge A'
u rt~_ufr" 'Semp'liner
Chairman and Yeutral
9-a 7
, 1984
D. Bates
Carrier
member
M. D. Roberts'
Organization Member