TIME LOST CLAIMS-GENERAL ONLY—Continued Subject position that worked Monday through Friday with Saturday and Sunday as rest days. He was awarded the position and Carrier did not permit him to work on Saturday on the ground that this was a rest day for the new position. Claimant then filed the instant grievance in which he requested 8 hours' pay at the straight time rate as compensation for the loss in earnings he suffered. Held, Claimant was entitled to work on Saturday to satisfy the requirement of the five-day week. Award: Claim sustained. VACATIONS-VACATION AGREEMENTS Vacations Vacation Agreements: Employes allege claimant was denied proper compensation for work performed during his assigned vacation. Carrier tried to find a relief employe for claimant's vacation period but was unsuccessful. They then notified claimant he could not take his vacation until relieved. Held, it is undisputed that claimant was not given 10 days' advance notice when his vacation was deferred. Carrier contends that its inability to obtain a relief employe caused an emergency which relieved it from giving such notice. We disagree. We hold that Carrier violated the Vacation Agreement by giving claimant only 3 days' notice instead of 10 days' notice. Claimant was paid at straight time rate for work, performed during his scheduled vacation. He was also paid in lieu of his vacation for that year. Thus, he is still entitled to 4 hours' pay at straight time rate for each day he worked during his vacation. His further Subject ... MA claim for 21⁄2 times his regular rate is unjustified and hereby denied. Award: Claim partly sustained and partly denied. Vacation Vacation Agreements: The Organizations contend that the Vacation Agreement was violated when the Carrier first agreed to and then refused to grant Claimants staggered vacations. It is also the Organization's contention that Claimants "were not notified of their change of vacation dates and denied their choice according to seniority." Held, the facts in this case do not support the Organization's position. Award: Claim denied. Strikes: Carrier's facilities were WRECKING SERVICE-Continued Award Docket Railroad ment. Carrier contends that the other work performed by the maintenance of way employes merely consisted of the removal of salvage, scrap or miscellaneous car parts which were left after the wrecking crew had cleared the right of way. There is nothing in the record which would in any way contradict the Carrier's contention. Under these circumstances, we are unable to find that more was here involved than simple cleaning up of scrap debris or salvage material which was performed after the wrecking crew had completed its wrecking services and therefore, was purely incidental thereto. Award: Claim denied. Awards Indexed by Railroads ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY Discipline Subject Sleeping on the Job: The charge was that claimant was asleep on duty. It was admitted that the hearing was fairly conducted and that Claimant merited discipline; but, the contention is that his suspension and discharge was unjust and improper. Held, we consider the penalty excessive to the extent exceeding claimant's suspension beyond the time needed to make this award effective. Award: Claim 1 denied. Claims 2 and 3 sustained. Discipline Insubordination: Claimant was charged with insubordination and failure to carry out instructions. Held, in view of the mitigating circumstances, we are of the opinion that a substantial disciplinary suspension is a reasonable penalty which will do justice to the Carrier's indisputable right to maintain an adequate degree of discipline among its employes as well as to protect its supervisors against unprovoked, personal insults by employes. See full findings. Award: Claim partly sustained and partly denied. Classification of Work: Employes claim Carrier improperly assigned work to the Signalmen. Held, the electricians' organization failed to prove that it has ever performed Signalmen's work or that it has jointly participated with Signal Department installations. The Organization also alleged but also failed to prove that the power line served any facilities or departments other than Signal Department facilities. It is the determination of this Board that the Electrician Agreement does not encompass this work. Award: Claim denied. Vacation Vacation Agreements: The Organizations contend that the Vacation Agreement was violated when the Carrier first agreed to and then refused to grant Claimants staggered vacations. It is also the Organization's contention that Claimants "were not notified of their change of vacation dates and denied their choice according to seniority." Held, the facts in this case do not support the Organization's position. Award: Claim denied. ATLANTIC COAST LINE RAILROAD CM Classification of Work: Employes allege Carrier improperly removed Carmen Helpers (Car Oilers and Packers) from service and supplanted them by Carmen. Held, the facts and applicable rules here are |