C 0 P Y SPECIAL BOARD OF ADJUSTMENT N0. 173 Award No. 1
Case No.
5
Parties to Dispute: Brotherhood of Railway and Steamship Clerks,
Freight handlers, Express and Station Employes
Union Pacific Railroad Company
Statement of Claims "Claim of the System Committee of the Brotherhood of Railway
and Steamship Clerks, Freight Handlers, Express and Station
Employes, that the Carrier violated the Clerkss Agreement:
"(1) When without conference or agreement with the Clerks' Committee, it unilaterally and arbitrarily discontinued allowing employes returning from military service
vacation in accordance with agreement dated May
$, 1945,
attached as Employes'
Exhibit No.
3.
"(2) Employe Leo S. Sobeski entered service of the Carrier April 1$,
1950.
He
entered military service July
31, 1951.
He returned to Carrier's service from military service August
16, 1954.
Carrier refuses to apply the May
5, 1945
agreement
and allow Leo S. Sobeski vacation for year
1955.
"(3)
Carrier should now allow Leo S, Sobeski and all other employes so situated a
vacation or payment in lieu thereof for the-year of
19$5."
Findings: The Board, upon the whole record and all the evidence, finds that:
The Carrier or Carriers and the Employee or Finployeea involved in
this
dispute are respectively Carrier and Employee within the meaning of the Railway
Labor Act, as approved June 21,
1934.
The Hoard has jurisdiction over the dispute involved herein. The parties
to said dispute were given due notice of hearing thereon.
Carrier did nothing to retract or countermand its vacation policy respecting veterans returning to its service (as enunciated in letter dated May
$, 1945,
addressed to the General Chairmen of various labor organizations holding bargaining
rights on its property) until the signing of the National Vacation Agreement on
August 21,
1954.
Prior thereto, the employees were not given any inkling of Carrier's
intention to terminate the previous practice.
Iri resuming employment with the Carrier on August
16, 1954,
in advance of
the announced change in the prevailing vacation policy, Carrier was obligated to
claimant to honor its commitment at full face value.
Award: That the Carrier forthwith shall remunerate Leo S. Sobeaki (and all other
veterans returning to Carrier's employ prior to August 21,
1954,
whose claims
have been filed within the period specified by the time limit rule) with payment in
lieu of a vacation for the year
1955,
3n accordance with its stated policy of May
5,
1945.
Omaha, Nebraska
December
26, 1957
Special Hoard of Adjustment No.
173
/s/ Harold M. Gilden,,Chairman
/s/ A. J. VanDercreek, Carrier Member
/s/ C. F. Bignall, Organization Member