AWARDS 115 - BEREAVEMENT LEAVE DENIED WHILE ON VACATION

Third Division Award No. 29106 (Benn)

"Claimant is a carpenter in the Carrier's Oregon Division B&B Subdepartment. Claimant was on vacation during the period June 30, 1986 through July 18, 1986. On July 6, 1986, Claimant's brother passed away. Claimant sought to postpone three days of his vacation to a more convenient time and substitute three days of bereavement time off. The Carrier declined Claimant's request. This claim followed.

The relevant Rule states:

"`Rule 45. BEREAVEMENT LEAVE

"`Bereavement leave, not in excess of three calendar days, following the date of death will be allowed in case of death of an employee's brother, sister, parent, child, spouse or spouse's parent. In such cases a minimum basic day's pay at the rate of the last service rendered will be allowed for the number of working days lost during bereavement leave. Employees involved will make provision for taking leave with their supervising officials in the usual manner. Any restrictions against blanking jobs or realigning forces will not be applicable when an employee is absent under this provision.'

"We are unable to find that the Organization carried its burden in this matter. First, Rule 45 speaks of `working days lost.' When Claimant was on vacation, he was not `working.'

"Second the Organization's argument that Claimant should have been allowed to postpone his vacation and substitute bereavement leave is not persuasive. The Organization has not cited us to a portion of the Agreement that gives an employee the right to postpone his vacation in such a manner. Further, we do not find that the Carrier's refusal to permit such a change was arbitrary or capricious.

"The claim lacks support in the Agreement."