Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7+7-3
SECOND DIVISION Docket No. 736
2-MP-CM-'77
The Second Division consisted of the regular members and in
addition Referee James C. McBxearty when award was rendered.
( System Federation No. 2, Railway Employes'
( Department, A. F. of L. - C
.
I. 0.
Parties to Dispute: ( (Carmen)
(
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated the controlling
agreement, particularly Rule 23, when they held Carmen Terry W.
Sloan, J. K. Leftridge and F. E. Trokey out of service for the '
purpose of permitting three apprentices to finish their time,
Chester, Illinois.
2. That accordingly, the Missouri Pacific Railroad Company be ordered
to compensate these employes as follows:
a) Cayman Terry W. Sloan in the amount of eight hours
(8')
per day covering period February 21, 22, 23, 1975 and eight
hours
(8')
per day covering period March 12, 1975, until
returned to service:
b) Cayman J. K. Leftridge in the amount of eight hours
(8t)
per day covering period February 21st to March 9th, 1975;
c) Cayman F. E. Trokey in the amount of eight hours
(8')
per day
covering period beginning February 21, 1975, until returned to
service.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
a71 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, 193+.
This Division of the Adjustment Board has jurisdiction over the dispute:
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimants are Carmen Mechanics that were furloughed on February 19,
1975, at Carrier's DeSoto, Missouri freight car repair shop.
Form 1 Award No . 7+13
Page 2 Docket No. 73+6
2-MP-CM-t77
Upon being furloughed, Claimants immediately indicated a desire to
exercise their seniority to transfer to Chester, Illinois.
Claimants argue that under Rule 23 they had the contractual right to
transfer to Chester, and to displace two (2) upgraded apprentices working as
Carmen inspectors, and a third employee, D. L. Black, whose situation was
entirely different.
Rule 23, in relevant part, provides:
"While forces are reduced, if men are needed at aM other point,
such men as are laid off by reason of force reductions will
be given preference to transfer with privilege of returning to
home station when force is increased, such transfers to be made
without expense to the Company. Seniority to govern all cases."
(Emphasis added)
Now, Rule 23, as written, does not insure that furloughed employees
may contractually displace employees at another seniority point. Rule 23
merely provides that furloughed employees will be given "preference to
transfer", provided, "men are needed at any other point."
There is no language in Rule 23 providing for the displacement of
upgraded apprentices, nor for displacement of apprentices who have completed
their on-the-job training, but have not completed the vocational training
obtained through a correspondence school course. (See Second Division
Award No. 6603).
Therefore, we must deny the claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
TBy
o*N~m~arie Brasch - Administrative Assistant
C a(
Datat Chicago, Illinois, this 2nd day of December, 1977.