C 0 P Y SPECIAL BOARD OF ADJUSTMENT N0. 173 Award No.
5
Case No.
13
Parties to Dispute: Brotherhood of Railway and Steamship Clerks,
Freight Handlers, Express and Station Employes
Union Pacific Railroad Company
Statement of Claim: "Claim of the System Committee of the Brotherhood of Railway
and Steamship Clerks, Freight Handlers, Express and Station
Employes that
"(1) Carrier violated Article
5
of the December
17, 1941
National Vacation Agreement
when they rescheduled Claimant Ernest E. Haleyls
1954
vacation from August
30, 1954
to September
13, 1954,
both inclusive, to run from August
30, 1954
through September 1(
1954.
"(2) Carrier shall allow Claimant Ernest E. Haley an additional days pay or an
additional days vacation account of this rescheduling."
Findings: The Board, upon the whole record and all the evidence, finds that:
The Carrier or Carriers and the Fhployee or Employees involved in this
dispute are respectively Carrier and Employee within the meaning of the Railway
Labor Act, as approved June 21,
1934.
The Board has jurisdiction over the dispute involved herein. The parties
to said dispute were given due notice of hearing thereon.
In that the provisions of the Agreement of August 21,
1954,
were applicable
to the balance of the vacation which claimant was scheduled to start on August 30,
1954,
Labor Day,
1954,
counted as a day of vacation. Carrier was entitled to include
same in its computation of claimants full vacation allotment. See Award No.. 2)
Case No.
7,
Special Doard of Adjustment No. 173. Such handling did not constitute
a violation of Article
5
of the December
17, '941
Agreement.
Award: Claim denied.
Special Board of Adjustment No.
173
/s/ Harold M. Gilden, Chairman
/s/ A, J. VanDercreek, Carrier Member
/s/ C. F. Bignall, Organization Member
Omaha, Nebraska
December 26,
1957