SPECIAL HOARD OF ADJUSTMENT NO. 171
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
 FREIGHT HANDLERS, EXPRESS AND STATION ENIPLOYE

 GREAT NORTHF.B.N RAILWAY COMPANY

 STATENENT OF GLUM:
f,: E.hD NO. 53

 CASE N0. 53

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 Claim of the System Committee of the Motherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes that the Carrier violated the current agreement

 1. a&en on November 24, 25 and December 2, 1957 they improperly compensated employes for services performed while on vacation, and

 2, That the Carrier now be required to compensate each of the following named employes for the dates under which name, one days pay each at two and one-half times the daily rate of their positions less straight time allowed for services performed.

 November 24, 1957 Matt Tykkila Alexander Grymala Paul Topak Antonius Lunde

 November 25. 1957
 Matt Tykkila
 Alexander Grymala
 Paul Topak

 Decemb~er 2 _1957
 Frank a81mi
 Torger Rolson
 Arthur Ranta
 William Aho
 Arne Koskinen
 John 9oyring
 Peter Larson
 S, Davidoski
 John Keiser
 Walfred Hill
 Eli Pellman

 3. That the Carrier also be required to compensate the following employes at the pro rata rate of ore handler positions, one days pay each for the following dates under which their names appear:

 November 24., 1957 Patrick Ozaer Herman Norman Ernest Ahola Edward Salo

 November 25, 1957
 Patrick Ozaer
 Herman Morman
 Ernest Ahola

 December 2, 1957 Patrick Oz®er Herman Morman Ernest Ahola Edward Salo Edward Mikkola Martin Bitner Richard Raunio Donald Amt's Edward Maki Elmer Koski Leroy Falk

FINDINGS :

 The employees state that the Carrier improperly compensated employees for service performed at the Allouez Ore Docks on November 24, 25 and December 2$ 1957, as these employees were on their vacations when called to work by the Carrier due to some delayed boats arriving at Allouez after the close of the ore season.

 The Carrier states that due to the seasonal nature of the operation at the Allouez Ore Docks and the corresponding fluctuations in business and in the force necessary to handle the business, the handling of vacations is treated somewhat differently at Allouez than elsewhere over the system of this Carrier, Ore handlers frequently request, and are granted, permission to split their vacations. Also, ore handlers ask to receive vacation payments when laid off due to a reduction in force. In such instaneesj the vacation of the ore handler terminates when he is again able to work and he receives the balance of his vacation at a later date. That many ore handlersp particularly those with high seniority standing, ask to take their vacations immediately upon the close of the ore season. That prior to November 20, 1957, it appeared to the Carrier that the ore season would close on November 24th and appropriate force reduction was made which included laying off some of these claimants on November 20th and some of the claimants that were laid off had asked to be placed on vacation at the end of the ore season,

 On November 23rd the Carrier received information that the Steamer Humphrey would make one more trip and would be at Allouez Ore Docks on November 26th. That although these claimants were laid off and advised that the ore season was over it happened that the ore season was not in fact over and there was additional work to be performed and with the arrival of the Steamer Humphrey, it was necessary to increase the force on November 24, and 25 and all of these claimants had sufficient seniority to be entitled to the work.

 The Carrier decided to allow each of the claimants who had requested that their vacation begin at the end of the ore season to make his own decision whether or not he would return to work on November 24 and November 25. They could either remain on vacation and lose the work, or split their vacation and perform the service necessary and then have the vacation extended by the number of days they worked. The Steamer Humphrey again arrived at Allouez on December 2nd and the Carrier was faced w ith the same situation which had confronted it on November 24 and 25.

 The Arbitrator finds from the submissions and arguments advanced by the parties that it has been the practice at Allouez for the employees, if they wished., to take their vacations at the end of the ore season and if work would come in after the Carrier and the employees thought that the ore season had been finished the Carrier would then ask the employee if he cared to work for the number of days necessary and split his vacation; that the claimants were not forced to come back to work by the Carrier, but only to return to service if they so desir.d at the straight time rate; that most of the employees came back to work, but that some of the employees desired not to work and to continue on their vacation; that if the men came back to work they were carried on the payroll at straight times although the days previous to corning back to work they might have been carried on the payroll as on vacation and after they finished the additional. work necessary to be performed the employes were then put back on vacation time until they received all the days of the vacation due them.
                                            AWARD N0. 53 CASE No. 53


Tho Arbitrator finds that this was the practice at Allouez and therefore no umployoe was required to perform work on November 2Lt, 25, and December 2nd, while on vacation, if he did not. wish to do so, but that the employees who did work due to their soniority standing elected to split their vacations. Therefore, this claim will be denied.

                        AWARD


        Claim denied.


                                  /s/ Thomas C. Begley

                                  Thomas C, Bcgloy, Chairman


                                  /s/ C, A. Pears on

                                  C. A. Pearson, Carrier Member


                                  /s/ C, C. Denewith

                                  C, C, enewith, EmployeeFlember


Signed at St. Paul, Plinnesota this 10th day of Fobruary, 1959.