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Organization?s File Carriergs File
105-B-16 CL-3-55
STATEMENT OF CLAIM:
9?Claim of the System Committee of the Brotherhood
that:
1t(1) The Clerksq Agreement was violated when the
Carrier permitted the,position of Enginehouse
Clerk, Grand Junction, Colorado, held by Mr. Ray
B. Headley to be,blanked while Mr. Headley and
Mr. Norman Reams, were on vacation.
ie(2) That Mr. C. tR. Corder be paid ten dayst pay at
En;inehouse Clerk%s rate, $14.07 pe: day, for period
Mr. Headley was on vacation and ten days pay at
Enginehouse Olerkes rate N14.07 per day for period
Mr. Reams was on vacation.2e
FINDINGS: At Grand Junction, Carrier maintained three clerical positions
in the office of the Divisional Mechanical Foreman; to wit: Mechanical
Clerk, Secretary and Enginehouse Clerk.
When the Enginehouse Clerk took his vacation, the work was distributed to the Mechanical Clerk and Secretary, both higher rated positions.
When the Mechanical Clerk took his vacation, the duties of that
position were taken over by the Secretary. The duties of the Secretary were
taken over by the Enginehouse Clerk, and the latter position was blanked.
Claim is made in behalf of a furloughed employe for pay during the
two vacation periods.
Article 6 and Article 10 (b) of the Vacation Agreement must be
construed together. However light the burden, not more than the equivalent
of 25 per cent of the work load of a vacationing employe may be distributed
among his fellow employes without the hiring of a relief worker.
4.
r
Award No. 5
Admittedly all the work load of the Enginehouse Clerk was distributed among the other two employee during his vacation. The amount of
time it took is not the test, but the percentage of the work.
Durin; the vacation period of the Mechanical Clerk, the situation
created fits into the pattern of the interpretation of Article 6 of the
vacation agreement by Referee Morse, and no distinguishing provision of
the agreement before us has been pointed out. As declared by Referee Morse,
such application of the rule may be "contrary to the spirit and intent of
Article 6 of the Vacation Agreementvl but we cannot change the agreement or
require any negotiation of a change in the rule.
AIIARD
: Claim sustained.
Ls/
Mortimer Stone
Mortimer Stone
Chairman, Neutral Member
/s/ D. L. Clavel
D. L. Clavel
Carrier Member
/s/
tam.
J. Donlon
P1m. J. Donlon
Organization Member
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