Docket CL-11223
Award No. 17
SPECIAL BARD OF ADJUSTiJENT B1). 3711
Brotherhood of Railway and Steamship Clerks, Freight Handlers,
Express and Station Employes
and
THS P·1ftiSYLOANIA RAILROAD COMPANY
STATEMENT OF CLAIM:
System Ibcket 208 - Northwestern Region Case 156 - "Claim of the
System Committee of the Brotherhood that
(a) The Carrier violated the Rules Agreement, effective May 1,
1942, except as amended, particularly Rules 2-A-1(e), and 4-C-1, when
it arbitrarily removed Mr. C. F. Pratt from his regular position of
Tractor Operator, in the Back Shop, Fort Wayne, Indiana, Northwestern
Region, and required him to work as a Store kttendent in the Fort
Wayne Car Shop.
(b) The Claimant, C. F. Pratt., should be allowed an additional
eight hours pay a day, as a penalty, for each of the following dates
on which the violation occurred, September 71, 12, 13,
14,
17, 18,
19, 20, 21, 24, 25, 26, 27, 28 and October l and 2, 1956."
FINDINGS
This claim originates because, as Organization maintains, Claimant
"did not make a request to work the Store Attendant position, but was required to do so against his
will.11
Carrier states it was a practice to use the senior man on
higher
rated vacation vacancy. The regular hours of tractor operator and store
attendant are identical. The man on vacation was one day late in returning. Many Third Division Awards have held that an absence, account of
vacation is not a vacancy per se.
We will follow our findings in Award No.
15
and deny the claim.
No violation is proven.
AWARD: Claim denied.
Signed this 12th day of December, 1961.
Is/
Edward 9. Lynch
E. A. Lynch,
Chairman
/s/ A.
r.
Mes /s/ A. B. Seward
A. E. Myles, Carrier Mem er A. B. Sew , Employs er