SPECIAL BOARD OF ADJUSTMENT N0. 355


Parties: THE ORDER OF RAILROAD TELEGRAPHERS
 THE BALTIMORE AND OHIO RAILROAD COMPANY
 AWARD IN DOCKET N0. 100

 STATEMENT
            OF CLAIM: 1. Carrier violated the Agreement between the parties when it failed to properly compensate Operator A. R. Williams during his vacation period, December 25 through 29, 1958.


            2. Carrier shall compensate A. R. Williams in the amount of eight hours pay at the pro rata rate.


        FINDINGS: The Vacation Agreement of December 17, 1941, as amended August 21, 1954, provides in part:


          "If a Carrier finds that it cannot release an employee for a vacation during the calendar year because of the requirements of the service, then such employee shall be paid in lieu of the vacation the allowance hereinafter provided.


          "Such employee shall be paid the time and one half rate for work performed during his vacation period in addition to his regular

            pay." (Emphasis added.)


Thus, so far as this Claimant is concerned he is entitled to 2k times his pro rata rate for having worked during what would have been his scheduled vacation; in other words, vacation pay itself is at pro rata; pay for work during vacation period at 1k times rate.

 But, because December 25 fell on what would have been a workday of his scheduled vacation, Claimant is now seeking, in addition to 8 hours at 1~ times rate for having worked on the holiday, payment of an additional 8 hours at pro rata because December 25 was one of his regularly assigned work days.

 Such claim is predicated on that section of the Agreement which says, in part, that

          "when, during an employee's vacation period any of the seven

          recognized holidays falls on what would be a work day

          of an employee's regularly assigned work week, such day shall

          be considered as a work day of the period for which the em

          ployee is entitled to vacation."


We cannot agree with the interpretation which Organization seeks to apply to that quotation.
                                          SBA 355

                          Docket No. 100

                          _2_


"Work day," as used here, can only mean one of the specific number of consecutive workdays of vacation with pay to which an employee is entitled; in other words, it is a "vacation day. "-

        A denial award is, therefore, in order.


                        A W A R D


        Claim denied.


                    /s/ Edward A. Lynch

                    Edward A. Lynch

                    Chairman


Dissenting /s/ T. S. Woods
 R. K. Anthis T. S. Woods
 Employee Member Carrier Member

 Dated at Baltimore, Maryland, this 16th day of April, 1963.