Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6871
SECOND DIVISION Docket No. 6750
2-B&O-MA-'75
The Second Division consisted of the regular members and in
addition Referee Harold M. Weston when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
( The Baltimore anal Ohio Railroad Company
Dispute: Claim of Employes:
1. That under the controlling agreement, the Baltimore and Ohio
Railroad Company damaged Machinists C. L. Cuddy, T. J. Carroll
and C. Beaty, of Mt. Clare Shops, Baltimore, Maryland, when they
assigned three
(3)
junior Machinists in seniority from said
shop to work at Riverside Shops, Baltimore, Maryland.
2. That accordingly the Carrier be ordered to compensate Claimants
for eight
(8)
hours pay at pro rata rate for each working day
(including holiday) from December
18,
to
31,
1972.
Findings:
The Second Division of the Adjustment Board, upon the whole record
and all the evidence, finds that:
The carrier or 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.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
It is Petitioner's position that Carrier should have assigned
Claimants instead of three other machinists to fill vacation tours at
Riverside Shops. All of the six machinists involved had been furloughed
and held seniority at the Mt. Clare Shops which are located at a different
seniority point about three miles away from the Riverside Shops. That
the three machinists who had been assigned to the disputed positions
were junior to Claimants in seniority is undisputed. Each of the Claimants
had duly fixed a "Fcrm 246" confirming his willingness to accept work
at any point on Carrier's railroad.
Form 1 Award No.
6871
`~mj
Page
2 Docket No.
6750
2-B&o-MA-'
75
It is clear from an examination of the Agreement, particularly
Rule
26
thereof, that furloughed employee are to be "given employment
at other points in accordance with their seniority at home points".
While the agreement also prescribes that furloughed employes "will.
be selected jointly by Local Management and Local Committee from the
nearest point, in accordance with their seniority at home point", there
is no evidence to support Carrier's assertions that it attempted to discuss
the matter with the Local Committee and that the latter refused to
cooperate in filling the vacancies. Nor is there adequate proof that
Claimants were not qualified to perform the work in question.
The claim will be sustained.
A W A R D
Claim is sustained at the pro rata rate for each working day,
including any holiday, from December
18
to
31, 1972.
NATIONAL RAILROAD ADJUSTIENT BOARD
By Order of Second Division
_ Attest: Executive Secretary
National Railroad Adjustment Board
By
o emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 30th day of May,
1975.