C:\AWARDS\OUT\SBA603-2.htm

C OPY

SPECIAL BOARD OF ADJUSTMRmT N0. 603

Award No. 2 Docket No. T CAR. FILE: 0-83.3-$3 COX. FILE: 909 DR. DIV.: ORT 35"
PARTIES ) TRANSPORTATION COMMUNTTCATTON
EMPLOYRFS ONION

TO

) Vs.

DISPUTE ) GREAT NORTHERN RAILWAY STATEMENT Claim of the General Committee of the Transportation OF CLAIM- C=mwiieation Employees Union on the Great Northern Railway,

(1) That Carrier violated the Agreement between the parties by not properly compensating the following employes for vacations worked during the year of 1960:

Glenn Paulson

Leroy R. Brotten

Alex Bresnahan, Jr.

Virgil D. Richard

A. F.

qolmes

Ben Marsaa

Milo A. Shelton

Leo J. Roland

Mayo R. Parson

reo. Taus

V. J. Cassell

Allen Sundeen

Robt. Purdclbrink

Francis F. Hunt

Gordon Stdkka,

(2) Carrier shall be required to compensate each employe named in the amount of one day's pay of eight (8) hours at the time and one-half rate.

FINDINGS-. The claimants were scheduled to take variously ten to fifteen days of vacation at differing times during the year 1960. Inasmuch as there was a shortage of relief operators the Carrier was unable to afford the claimants time off to take their scheduled vacations. In accordance with Article '5 of the Vacation Agreeeimnt and interpretations thereto on the last half of the December payroll those employes received payment in lieu of vacation not granted. C 0 P Y 5(8A (003 -2. Award No. 2 Docket No. 7 Inasmuch as they were required to work their vacations, employes entitled to ten days of vacation were paid at the rate of time and one-half for working December 19 through December 30 and employes entitled to fifteen days of vacation were paid at the rate of time and one-half for the period December 12 through December 30. Christmas 1960 was on a Sunday so that the following Monday, December 26 was a holiday. The claimants did not work on December 26. The Carrier refused to pay the. claimants any holiday pay for that day. The sole issue in this dispute is whether or not the claimants are entitled to pro rata payment for the holiday not worked. There is no basis for a claim for time and one-half as made by the employes. There, is no prescription in the holiday pay Agreement for payment,at time and one-half simply by reason of being off on a holiday. There is no question but that the claimants complied with the "surrounding day" requirement of the holiday, pay agreement. In support of its view that the claimants are not entitled to the holiday pay claimed, the Carrier relies upon Article 1 Section 3 of the August 21, 1954 Agreement which contains the following amendment to the Vacation Agreement:

"Mien, during an employee's vacation period, any of the seven recognized holidays (New Year's Day, Vashinpton'a Birthday, Decoration Day, Fourth of July, Labor Day, Thanksgiving ray and Christmas) or any day which by agreement has been substituted or is observed in place of any of the seven holidays enumerated above, 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 employee is entitled to vacation."

In our opinion, the error in the Carrier's position here is that it fails to recognize that the claimants never did get a vacation. The so-called rescheduling of vacations for the latter part of December was solely a bookkeeping convenience apparently used for the purpose of (1) showing compliance with Article 5 of the Vacation ftpreement which by official fit= terpretation of June 10, 19h2 provides that payment in lieu of vacation may be made prior to or on the last payroll period of the vacation year and if not so paid on the payroll for the first payroll in the January following and (2) compliance with the August 21, 1954 amendment to Article 5 providing for payment of time and one half for work performed during the vacation period. This bookkeeping convenience or fiction however, did not affect the actual work status of the claimants during the last two to three weeks of December 1960 and, therefore, they were entitled to the holiday pay benefit's accruing to employes in such status (See Award 11146. Third Division WRAB .. (supplemental)

Award: Claim sustained at pro rata rate.

Robertson

Chairman - /a/ D. A. Bobo /sT. c. AeButts D. A. Boo, Employe embefr ', / . s s, Carrier Mgt Dated at Washington, D. C. January 13, 1966