C:\AWARDS\OUT\SBA173-35.htm

C 0 SPECIAL BOARD OF ADJUSTP0JT 2,10. 173 P

Y Award No,

Claim of Loyal H. Thomas

PARTIES TO DISPUTE: Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes

Union Pacific Railroad Company

STATEMENT OF CLAM: "It is claim of the System Committee of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes that:

(1) Carrier violated provisions of this agreement with the employes dated May 1,

1955,

when it cancelled the mutually agreed upon scheduled

195$

vacation date of Loyal 11. Thomas, Clerk, Caliente9 Nevada.

(2) ;t. Thomas be compensated for wage loss sustained representing the difference between the amount naid at straight time rate and the overtime rate of the position he was re,-ularly assigned and worked during his scheduled vacation period, namely, fifteen work days between October 1

through October

21,

1958.'1

FIPTDINOS: The Board, upon the whole record and all the evidence, finds that: The Carrier and the Employe involved in this dispute are respectively Carrier and Employe within the meaning of the Railway Labor Act, as approved June 21, 1934. The 11oard has jurisdiction over the dispute involved herein. The parties to said dispute were given due notice of hearing thereon. Under the terms of Article 5 of the Vacation Agreement of December 17, 1941, Carrier's right to defer an employe's designated vacation date is contingent on the giving of not less than ten days advance notice., unless prevented by emergency conditions from so doing> The record in this case fails to disclose that Carrier's failure in a span of more than ten months to obtain a qualified employe available to relieve claimant on his Cashier~Warehouseman-.Clerk position at Caliente, Nevada, during the particular vacation period of October 1 to 21, 1958? previously allocated to him, either resulted from or was attributable to any emergency. The notice of cancellation delivered to claimant one day before the beginning of his scheduled vacation ?eriod, was not a valid deferment of the 1958 assigned vacation. Accordingly, by the terms of Section )s of the Vacation Agreement of August 21, 1954, claimant was entitled to receive, in addition to his regular vacation pay, the time and one-half rate for work performed by him on the fifteen work days falling within October I to 21, 1958.

0 award No. 35 P Claim of Loyal fI. Thomas y Then too Carrier's action in assi?nirg a vacation period to claimant extending from December 2 through 22, 1958, and actually affording him an annual paid vacation of fifteen days during the 1958 calendar year, does not correct the consequences of Carrier's lapse, in the first instance, to properly defer claimant's vacation date. To hold otherwise would be to vitiate the clear lamauage of said Article 5 and of said Section It.

AXARD: 1. That the Carrier violated the provisions of Rule 58 of the Labor Agreement dated May 1,1955 in cancelling the vacation period of October 1 through 21, 1958 assigned to Loyal H. Thomas.

That the Carrier forthwith shall remunerate Loyal H. Thomas in an amount equal to the difference between the straight time rate heretofore paid to him, and the time and one-half rate to

which

he is entitled under the terms of this Award, for work performed on the fifteen work days falling within October 1 through 21, 1958.

SPECTA_L BOARD OF ADJUSTMENT N0. 173

Is/ Harold M. Gilden Chairman LsZ AD. Hanson Crier Member Is/ Stanley B. Eoff organization Member Omaha, Nebraska September 62 1961