SPECIAL BOARD OF ADJUSTIM N0, 192

PARTIES: BROTHLRHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HAID)LERS., EXPRESS AND STATION E1,1PLOY~

and
THE BALTIMORE ANT) OHIO RAILROAD COMPANY

AWARD IN DOCKET N0. 19

STATEMENT Claim of the System Committee of the Brotherhood that: OF CLAIM:

(1) Carrier violated the National Vacation Agreement as revised on August 21, 1954s effective with January 1., 1951s., copy of which is in the hands of your Honorable Boards and

(2) That E. Saunders~ T, H. Poles and Dorothy E. Ballman be compensated for a day's pay at the pro rata rate for the holiday that was charged against them during their vacation periods in 1954.

The sole issue in this docket is whether or not the Carrier violated the August 21,, 19511 Vacation Agreement in charging July 51 1954 (Independence Day) and Monday September 6s 1954 (Labor nay) against vacation credits under the National Vacation Agreement as amended by the August 21~ 1954 Agreement.

The employes contend that the retroactive feature of the August 21., 1954 Agreement does not permit taking vacation credit for days which were not formerly so considered when vacation had already been scheduled and granted in accordance with the earlier vacation agreement. We see no merit in this contention since the 1954 Vacation Agreement clearly provided for amending the December 17p 1941 Agreement in this respect effective January 1, 1954. This same conclusion has been reached in Awards of Special Boards of Adjustment and of the Third Division NRAB.

AWARD

Claims (1), (2) denied.

E. iro Hoffman

Employee Member


Dated at Baltimore, Maryland, this 18th day of Februarys 1959.

J Robertson
RECCIIssJ. Robertson Chairman

/s/ To So Woods
To 5o Woods
Carrier Hember