C Award No. 20
0 Docket No. 20
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SPZCIAL BOARD OF ADJUSTMENT N0. 166

BROTHERHOOD OF RAILTTAY A14D STEAMSHIP CLERKS,

FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES

versus
MISSOURI PACIFIC RAILROAD COMPANY
OF CLAIM: claim of the System Committee of the Brotherhood that:
Carrier violated the ClerkeQ Agreement when it failed and refused
and continued to refuse to compensate Relief Chief Bill Clerk,
H. H. Lively, Dupo, Illinois, in accordance with the provisions

of Article 7(a) of the National Vacation Agreement signed at

Chicago, Illinois, December 17, 1941, at the punitive rate for

the holiday, Monday, September 3, 1956, in addition to the pro

rata day paid as a day of vacation, when he was on vacation and

his position was filled.

2. That the Carrier shall be required to pay Clerk Lively a punitive dayps pay, amount ;)26.70 for tie holiday, September 3, 1956, account CarrierQS failure to properly apply the Agreement.

FINDINGS: Award No. 7294 of the Third Division, N.R.A.B., involving these same parties, held that'?a holiday is considered an unassigned day.-?

Second Division Awards 2212 and 2302 have held that under the provisions of Rule 7(a) of the current Vacation Agreement work on an unassigned day is casual overtime and that the vacationing employe is not entitled to have it included in his vacation pay.

That, we think, is a proper interpretation of the Vacation Agreement provisions so the claim here must be denied.

AWARD: Claim denied.

SPECIAL BOARD OF ADJUSTMENT N0. 166

/s/ Dudley E. Whiting

Dudley E, Uhiting - Chairman

/s/ I. F. Thomas Is/ G. W. Johnson
I. F. Thomas - Employe Member G. 19. Johnson - Carrier Member

St. Louis, Missouri April 11, 1957