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NATIONAL RAILROAD ADJUSTMENT BOARD

CHICAGO, ILLINOIS

AWARDS 15571 to 15710

THIRD DIVISION

VOLUME 167

KEENAN PRINTING COMPANY

LAW PRINTERS

100 N. LaSalle Street
Chicago, Illinois 60602

365

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TRANSPORTATION-COMMUNICATION EMPLOYEES UNION (Formerly The Order of Railroad Telegraphers)

MISSOURI-KANSAS-TEXAS RAILROAD COMPANY

STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Missouri-Kansas-Texas Railroad that:

1. Carrier failed and refused to compensate Mr. E. O. Potter, Drawbridge Operator, his proper vacation allowance of three work weeks October 24 to November 13, 1961, inclusive.

2. Carrier shall be required to pay E. O. Potter the difference between the amount allowed and the amount to which he was entitled.

EMPLOYES' STATEMENT OF FACTS: As of October 23, 1961 and prior thereto, Claimant E. O. Potter was the regularly assigned incumbent of a Drawbridge Operator's position at Boonville, Missouri, bulletined to work six days per week, at a monthly rate of $450.95. Effective October 24, 1961, Carrier abolished the position.

Claimant had been scheduled to start his vacation of three work weeks (for which he had duly qualified) beginning November 1, 1961. Because of the abolishment taking effect shortly prior to his vacation date, Claimant and his immediate supervisor, the Chief Dispatcher, agreed that Potter would advance his vacation to commence October 24, 1961. Accordingly, Claimant Potter did take his vacation of three work weeks.

The parties are signatory to the so-called National Vacation Agreement, effective January 1, 1942, which, by reference, is hereby made a part of this submission. By an agreement dated August 21, 1954, made on a national basis, the parties amended the 1942 Vacation Agreement with the following provisions significant of this claim:

"Section 1. Article 1 of the Vacation Agreement of December 17, 1941 is hereby amended to read as follows:

(a) Effective with the calendar year 1954, an annual vacation

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