C Award No. 22
0 Docket No. 22
P
Y SPECIAL BOARD OF ADJUSTMENT N0. 166
BROTHERHOOD OF RAMIAY AND STEAMSHIP CLERKS,
FREIGHT HANDLKW.S, EXPRESS AND STATION EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
-- ---, Claim of the System Committee of the Brotherhood that:
1. Carrier violated the Clerks? Agreement when, on December 31,'1956, it
arbitrarily and without agreement with the Division Chairman, changed
by three days? notice the ten-day vacation period of Clerk J. S. Boucher,
Atchison, Kansas; from a starting date of January 3, 1957, to that of
February 7, 1957, in violation of~Articles 4(a) and 5 of the National
Vacation Agreement of December 17, 1941, and the Memorandum of Understanding dated August 7, 1952, printed on page 80 of the Clerks?
Agreement;
2. Claimant Clerk J. S. Boucher shall be compensated by the Carrier for the
difference between the pro rata rate of v"P15.96 which he was allowed and
the punitive rate of ;P23.94 to which he was entitled, a difference of
wT.98 per day for ten days, amount $79.80, for January 3, 4, 5, 6, 7,
10, 11, 12, 13 and 14, 1957, which was his assigned vacation period set
up under the provisions of Article 4(a) of the National Vacation Agreement dated December 17, 1941, and the Memorandum of Understanding dated
August 7, 1952, on page 80 of the Clerks' Agreement.
FINDINGS: The action of the respondent in not allowing the claimant to take his
vacation on the date it was initially scheduled was consistent with
Uthe requirements of the servic0 and arose as a result of existing emergency con
ditions within the meaning of the vacation provisions of the existing agreement.
For the reasons stated, this claim is not meritorious.
AWARD; Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0. 166
Isl Livingston Smith
Livingston Smith - Chairman
Ira F. Thomas
Isl
G. W. Johnson
I. F. Thomas - Employe Member G. Zd. Johnson - Carrier Member
St. Louis, Missouri
September 20, 1957