c
0
P Docket No. CL-676.1
Y Award No,
3
SPECIAL BOARD OF ADJUSTMENT N0. 172
BROTHERHOOD OF RAIL1,IAY AND
STEAMSHIP CLERKS
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
versus
THE CENTRAL RAILROAD COMPANY OF Nff4 JERSEY
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that,
(a) Carrier violated and continues to violate the established
practices in effect since December 7.,
1944
when, on December 21j
1954
it discontinued without conference or agreement the vacation
stipulations covering Employes absent because of personal illness
or injury;
(b) Carrier be required to restore the above practices and that
all af4ected Employes within the scope of the Clerks' Agreement be
reimbursed for each vacation day that they have been deprived of
until the practice is again restored.
FINDINGS
It is clear that the specific provisions of Article
10
Section 1(f)
of the Agreement of August 21,
1954
relating to the maximum days to be allowed
on account of sickness or injury on the job for vacation qualification,
supersede prior practices and established policies thereon. Accordingly,
there can be no question but that such provisions govern vacation qualification
for the calendar year
1954
and
subsequent years,
Carrier has conceded that those provisions are not to be applied
retroactively, and on such basis the specific claims involved w111 be settled
by the parties.
AWARD
Claim denied, except for agreement of parties to settle specific
items involved.
SPECIAL 130ARD OF ADJUSTMENT N0. 172
s DA
dley E. L4hitin
Dudley E. Whit ng -Chairman
s Vdm. A. Palmatier
Gs/
J. J. Duffy
W.-A.
er
- Employ. Mem er J. J. Duffy - Carrier Member
Jersey City, N. J.
March
19,
1957