Under the V
R A I T WAY LAB 0 R ACT -
 Special Board of Adjustment No. 226 j~-''"':=-m:~ _-



                        Award No. 18


PARTIES TO DISPUTE:

                THE ORDER OF RAILROAD TELEC2tAPHERS


                  MISSOURI-KANSAS-TEXAS LINES


STATEMENT OF CLAIM:

 ORT Claim 27-27-22 of Telegrapher J. W. Fewell for 15 days' pay for vacation not granted during the year 1957; plus the difference between straight time rate and time and one-half rate because of working during the vacation period to which he was entitled.

 FINDINGS AND OPINION:

 J. W. Fewe11,, with seniority on the MKT-T dating from June 19, 1922, took a telegrapher-leverman joint assignment with the MAP-T and Santa Fe :railroads at Sealy, Texas, in 1932. Under the joint contract between the Carriers his wages were paid by one Carrier for a period of five years and then by the other Carrier for five years. On June 1, 1953 one of the alternating 5-year periods with the Santa Fe started.

 Early in 1957 it was announced that the Sealy job would soon be abolished, due to installation of automatic control. Mr. Fewe'll watched his chances to bid in a job on his home road commensurate with his seniority and on June 30, 1957 was assigned to duty at the MKT-T Houston_ Texas, passenger station.

 During the calendar year of 1956 Mr. Fewell earned and qualified for annual vacation to be taken in 1957. The Santa Fe early in 1957, prior to his going to Houston, scheduled Mr. Fewell's earned vacation to start November 9, 1957. After Mr. Fewell returned "home", ending 26 years joint service at Sealy, he promptly requested that, if possible, he would like to start his vacation on August 1, 1957. Also in August, 1957, the Santa Fe advised him that his 1957 vacation would, of course, be under the jurisdiction of the M-T, since he no longer worked in joint service at Sealy,
 on Novembei.27, 1957, Mr. Fewell was advised by his Superintendent that, inasmucb as he'had earned his 1957 vacation while under a Santa Fe 5-year period, he had no C957'vpcation coming from the MKT-T. He was advised: "It was essential that yon remain with the Santa Fe to enjoy it."

 The MKT-?" was Mr. Fewell's "home" road. it made the contract with the Santa lie for the work he performed at Sealy. The 1-T was lair. Fewell's primary employer throughout his 26 years of joint service there. As such, it is primarily obligated to effect fulfillment of his employe rights under the joint agreement. Mr. Fewell bid in at Houston on the MKT-T when 'he learned the Sealy levermantelegrapher position would be abolished. That was his legal right. By so doing, he did not surrender any of his employe benefits earned at Sealy.

 Obviously, if not already, the two Carriers will face this problem again in 1958, because Mr. Fewe11 earned one-half of his 1958 vacation at Sealy between January 1 and ,June 30, 1957. Moreover, the same problem would have been before the Carriers if Mr. Fewell had remained at Sealy until the jobs were closed.

 A full and correct settlement with him is implicit in the contract between the two Carriers.

 The record is not clear whether Mr. Fewe11 earned a vacation at Sealy in 1956 for 15 days or three weeks. He should be compensated for the correct number of days at time and one-half. Since Mr. Fewell earned his vacation in 1956 while working as a joint employ:, we find that this expense should be divided between the Santa Fe and the MK'C-T.

 AWARD;

    Claim sustained as per opinion.


                    sl Daniel C. Robers

                    Daniel C. Rogers, Chairman

                    Fayette, Missouri


,da/ W. 7 Christopher /s,/ A, F. Winkel
 W. 1. Christopher, Employee Member A. F. Winkel, Carrier Member
 Deputy President, 0. R. T. Asst. General Manager
 3860 Lindell Blvd. Missouri-Kansas-Texas Lines
 St. Louis 8, Missouri Dallas, Texas

 Dallas,, Texas

 August 1, 1958