SPECIAL BOARD OF ADJUSTTENT N0. 186
Organizations File Carriers File
R-993 TE-29-56
STATEMENT OF CLAIM:
'Claim of the General Committee of The Order of Railroad
Telegraphers on The Denver & Rio Grande Western Railroad that:
'11.
Carrier violated the vacation agreement between
the parties when it cancelled the vacation assigned to
claimant H. M. Hale October 2 through October 20, 1956, and,
after working him one week of this assigned and cancelled
vacation period, carrier unilaterally required the claimant
to absent himself from duty October 9 to October 20, 1956,
inclusive compensating him at straight time rate; and,
°2, The claimant shall now be compensated at the time
and one-half rate for the period October 9 to 20, inclusive,
in addition to straight time rate."
FINDINGS: Claimant Hale was originally assigned vacation dates October 2
through 20, 1956. On September 28, due to unexpected illness of one employe,
resignation of another, and promotion of a third, an acute shortage of help
occurred and claimant was notified that it would be necessary to work his
vacation. However, an extra telegrapher became available on October 9 and
claimant was released for the last two weeks of his vacation period October 9
to 20. He was paid for three weeks' vacation time plus pay for the days
worked at time and one-half rate.
Claim is made that claimant be compensated at time and one-half
rate for the period October 9 to 20, in addition to the vacation pay received.
The Organization contends that Carrier canceled or deferred claimant's
vacation without proper notice or cooperation, that it did not attempt either
to cancel or defer claimants vacation period while Carrier contends that
because of the necessity of the service, it required claimant to remain on
Award No. 14 (Continued)
his assignment and perform work during the first five days of his vacation
period and that he was properly paid therefor at time and one-half rate
in additiom to his vacation pay.
The Organization also relies on Award
6711,
holding that there is
nothing in Article
5
which authorizes the Carrier to give the employe a part
of his vacation and to pay him for the remainder. We do not challenge that
interpretation of the Agreement as then existing. However, subsequent to
the issue involved in that award an amendment was adopted proposed by the
employes providing in Section
4
thereof that "Effective January 1,
1955,
Article
5
of the Vacation Agreement of December
17, 1941,
is hereby amended
by adding the following: Such employe shall be paid the time and one-half
rate for work performed during his vacation period in addition to his vacation pay."
That amendment grew out of a proposal of the Organization before
Emergency Board 106 reading in pertinent part:
"If an employee performs service on any day in
his vacation period, he shall be paid for each
such day
j1MSf.f1
Thereon the Board recommended "that the parties agree that in addition to
regular vacation pay, employees are to receive time and a half for work
performed during vacation :~
H;;;."
That amendment recognizes and provides penalty pay for employment
during any part of the vacation period as was here required of claimant
and he was paid the penalty rate for such work.
AWARD: Claim denied.
l., G.
d
e Carrier Member
Dated at Denver, Colorado,
August:",
1957
Mo imer Stone
Chair `~utral74ember
7/~
.-- /yes-:
R. Adman (Dissenting)
~rgam atlon Mem~er