SBECIAL BOARD OF ADJUSTMENT N0. 591, ~'.


                THF ORDER OF RAILROAD TELEGRAPHERS.


                            VS.


                READING COMPANY


STATE11IENT '
 OF CLAIM' "Claim of the General Committee of The Order of Railroad
 Telegrapheraon the Reading Company that:

              1. Carrier violated the agreement between the parties when it failed and refused to compensate Mr. Hildebrand H. Sweigert, And R. Underkofler (retired in 1960 under

              the provisions of the Railroad Retirement Act), for ,-

              vacation due.


              2. Carrier shall be required to compensate M. Hildebrand, H. Sweigert, and R. Underkofler for three weeks' vacation allowance each,."


FINDINGS: In Third Division Award No. 7651, and others cited by
 the employes, the retiree had qualified for a 1954 vacation
 before his.retirement in 1953 in accordance with the vacation
 agreement in effect when he was retired, and it was held that
 he wa§ entitled to the greater vacation benefit provided by ';
 the 1954 Agreement effective January-l,,.1954.4
 This is not such a case. Here the claimants had not
 qualified for a 1961 vacation under the agreement in effect
 when they retired in 1960. They were not thereafter employes ~,
 subject to the agreement and, not having qualified for any
 1961 vacation when the employment relation terminate3, they
          cannot acquire any benefit under the 1961 agreement making f

          provisions "effective with the calendar year 1'961"e..' _


AWARD: Claim denied.

                      SPECIAL BOARD OF ADJUSTMENT NO. '591


                        /s/ Dudley E. Whiting

                        DUDLEY E. WHITING, CHAIRMAN

/s/ John T. Finnegan /s/ V. W. Bigelow '
 JOHN T. FINNEGAN assenting . W . BIGELOW
 Organization Member Carrier Member ,,.R
 PHILADELPHIA, PA.
 JAN 10 *66 ,'Sa '

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