(Advance copy. The usual printed copies will be sent later.)
Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
6 68
SECOND DIVISION Docket No.
619
2-C&0-CM-' 73
The Second Division consisted of the regular members and in
addition Referee Edmund :,1. Schedler, Jr. when award was rendered
i
( System Federation No. 41, Railway Employes'
( DepartmentDepartment, A. F. of L. - C. 1. 0.
Parties to Dispute-. ( (Carmen)
(
( The Chesapeake and Ohio Railway CorApany
( (Chesapeake District)
Dispute: Claim of Employes:
1. That carmen-tentative Jackie R. Gill, Virgil W. Vest and David C.
Meadows were improperly omitted from the fanaary 1, 1971 carman helper
and carmen-tentative seniority rosters at Hinton, West Virginia, while
Cletis F. Pack, furloughed from Thurmond.. West Virginia was given helper
seniority at Hinton with date of
8-13-70
and carmen tentative seniorit=y
of 7-20-70. Also three new employes were hired and given seniority at
Hinton as follmrs: Cleve E. McHenry (helper 7-27-70) (carman-tentative
8-3-70);
James P. Jordan (helper
9-1-70)
(carman-tentative
9-9-70)
and Walter D. Neely (helper 1C-15-70) (carman-tentative 10-22-70).
This in violation of Rule 31 of the Shop Crafts Agreement.
2. Accordingly, the names of Gill, Vest and Meadows should be placed on
the carman helper and tentative carmen seniority rosters at Hinton
ahead of Pack, McHenry, Jordan and Neely. Furthermore Gill, Vest and
Meadows are each entitled to be additionally compensated eight
(8)
hours at carmen's applicable straight time rate for each day that any
of the said junior men work and Gill, Vest and Meadows are not called and
do not work forty (40) hours per week, commencing (March 22,
1971
for
Gill) February 17, 1971 for Vest) and (March 10, 1971 for Meadows);
the dates when each claimant made proper application for extra work
under provisions of Rule 27z. _.
Findings:
I
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier cr carriers and the employe or employes involved in this
dispute are respectively carrier and employe within the meaning of the Railway .
Labor Act as approved June 21,
1934.
j
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
j
I
i
Form 1 Award No.
6568
Page 2 Docket No. 6 419
2-C&O-CM-' 73
In this dispute the Claimants; Jackie R. Gill, Virgil W. Vest, and David
C. Meadows, alleged they were improperly omitted from the January 1, 1971 Carmen helper
and carmen-tentative seniority rosters at Hinton, West Virginia; while three other
employees, to wit; Cleve E. McHenry, James P. Jordan, and Walter D. Neely; were hired
and given seniority ahead of the Claimants at Hinton.
The evidence disclosed the Carrier offered to settle this grievance by
placing the Claimant's names ahead of McHenry, Jordan and Neely. Claimants Vest and
Meadows agreed to the proposed settlement; however Gill wanted a monetary settlement
and refused the offer.
The evidence disclosed Claimant Gill reported off sick from February 20,
1971
to March 19, 1971 at which time he filed a request for work as a carmantentative at Hinton under Rule 272. Gill was called to work on April 2,
3,
and
4,
1971, but he reported off sick. He was called to work again on April
6,
11, 12, 15,
16 17 and
18, 1971
but he refused to accept the work offered him each time. Rule
272
reads, inter alia:
"Furloughed employes who would not at all times be availbble for
such service will not be considered available for extra and relief
work under the provisions of this rule."
and the understanding specifically relating to Rule 272, which reads:
"Understanding (2) - (Effective May
18, 1959).
Rule 272 provides that furloughed employes who are not at
all times available for work will not be considered as available
for work under the rule."
Clearly, Claimant Gill was not available for work at all times and we find that he
was not entitled to a monetary settlement.
The carrier's offer of August 13,
1971
of a revised seniority list for the
employes involved herein is a fair settlement and that offer will be the award of
this Board.
. A W A R D
The seniority roster will be revised as follows:
Name Carman Helper Carman-Tentative
Jackie R. Gill 8-13-70 9-11-70
Virgil W. Vest 10-12-70 12-1-70
David C. Meadows 10-12 -70 12-1-70
Cleve E. McHenry 12 -1-70 12-1-70
James P, Jordan 12-1-70 12-1-70
Walter D. Neely 12-1-70 12-1-70
Claimant Gill's claim for a monetary settlement is denied.
Form 1 A.aard No.
6568
Page 3 Docket No.
641q
2-C&O-CM-'73
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
R6semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 23rd day of July,
1973.