Parties to Dispute: Union Pacific Railroad Company
(formerly Chicago & North Western Railway Co)
and
United Transportation Union
Statement of Claim: Claim of Conductor R.L. Richter for five (5) weeks vacation compensation
for the year 2000, January 17 through February 20, 2000, as per Award
3230 of Special Board of Adjustment 235.
Findings: The original claim of Conductor R.L. Richter, a Midwest Seniority District
Clinton, Iowa, conductor was adjudicated by SBA 235 in Award 3230. That
Award rematated Mr. Richter for time lost, except for five (5) days with sroiority
and vacation rights unimpaired. The Claimant returned to service September 8.
1999. He was scheduled for vacation iammy 17.2000. Crew Management
Services (CMS) approved and then disapproved his posted vacatiorL The
Carrier's T'unekeeping Department relied on Brotherhood of Railroad Trainment
Operating Agreement
BRT-58-B
as the authoritative precedent and contended that
BRT -58-E stands for the proposition that Employees removed from service and
subsequently reinstated with back pay have not rendered service during the
dismissal period for the purpose of qualifying for vacation under section I (d).
A review of the text and context of BRT-58-B indicates that BRT-58-E
arose when an employee who had claimed permanent injury secured a monetary
settlement and was thereafter estopped from returning to work.
1
~pL_Q K~o. S 3-7
(~wD ND -
- , The instant ease is easily disdagtishsble. In Award 3230 SBA 235 pointed
out that the Claimant had been removed from service unjusxly and drat he was
reinstated with n.)1 rights unimpaired and that he was compensated for any and all
time
10aL
Compensation includes vacation. If justice was violated and the neutral
restored vacation rights (era he did), it
MAkla
no wore to argue that Claimant does
not receive his vacation. The scales ofjustice would not be restored to their fair.
balanced designated equilibrium. Award 1599 of SBA 235 addressed this same
issue and Award 2360 of SBA 235
affirmed
the organization's position.
The record also indicates that the former Chmgo and North Western
Railway (OM followed the practice outlined in Award 2360 ofPLB 235. 1n this
case the Timekeeping Department at the UP paid the Claimant's lost earnings but
relied on a misapplication of BAT-58-E in depriving
Claimant
of the vacation he
would have earned had he not unjustly been held out of service. The normal
make-whole remedy entitles the Claimant to be placed in the same position the
Claimant would have occupied had the improper disciorge not occurred. See
Award 23 ofPLB 4515.and
PLB
4083 Award 10.
The intent and meaning of Award 3230 of Special Board of Adjustment
235 leaves little doubt about the intention and meaning of the Raferce. It was the
finding of that Board that Claimant Rite was returned to alive service with all
seniority and other rights restored and this includes the vacation he was due end
would have earned had he not been improperly held out of service.
2
.)erg /,~
o. 5( 37
Au)D
COD
. B
Award: Claim rained.
' CtS X QUINN
Chair
A~ZO
( cc
DrHN BAB t
Carrier Mamba
Organi
on Member
Dace
Dvots
3