Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
786
SECOND DIVISION Docket No.
7306-I-T
2-BNI-I-t
78
The Second Division consisted of the regular members and in
addition Referee Theodore H. O'Brien when award was rendered.
( Louis T. Fritz, Jr.
(
Parties to Dispute: ( Burlington Northern Inc.
( and
( Brotherhood Railway Carmen of the U.S. and Canada
Dispute: Claim of Employes:
Nay claim is Based on Rule
#9,
(Temporary vacancies away from Home
Point) See Exhibit-A.
This rule explains the benefits an employee will receive when sent
out to temporarily fill vacancies at an outlying point or Shop or sent
out on a temporary transfer to an outlying point or Shop. Furthermore,
in paragraph (E), it goes on to read as follows:
(E) This rule dose not apply to employees on furlough at heir
home point and permitted to accept temporary employment elsewhere.
Icy claim is this; if indeed the vacancy at Grand Forks would have
been a permanent (sic) position the carrier might possible have a case.
However, the ,position I was forced to fill at Grand Forks, North Da:.~ota
was a Temporary Position created by Mr. Glen Thompson, who was on sick
leave. The car Foreman at Grand Forks told me upon my arrival that
Glen Thompson w-as on sick leave and might be returning to work arty day.
The job I was forced to take was obviously a temporary position which
I might lose at any time. Rule
#9
states that the pay provisions of the
first four
(4)
paragraphs are not applicable to furloughed employees. I
agree with the carrier in this respect, but the rule (In Paragraph E)
goes on to say employees on furlough at their home point are Permitted
_to Accept Tenporary employment elsewhere: This is the specific part
of the rule that the carrier refuses to recognize, and which I believe
gave me, at that time, the option to take the job at Grand Forks if I
so desired.
Findings:
The Second Division of tre 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,
193+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Form 1 Award No.
7+86
Page 2 Docket No.
7306-I-T
2-BNI-I-'78
Parties to said dispute were given due notice of hearing thereon.
The Claimant was employed by the Carrier as a Carman Apprentice at the
St. Cloud, Minn. car shop facility. As a result of force reduction at the
St. Cloud shop the Claimant's position was furloughed by a bulletin dated
July 16, 1975
to be effective July 22,
1975.
The Claimant eras advised
that in line with Rule 22(g) he must exercise his seniority to displace junior
carmen apprentices within his seniority district. The Claimant exercised his
seniority at Grand Forks, North Dakota, a point within his seniority district,
and reported for work on Friday, July
25, 1975.
However, the Claimant worked.
at Grand Forks just one day and did not return the following Monday. Furthermore, the Claimant left no word with the car foreman or arty other Carrier
official as to his whereabouts or status. Thus, it was concluded that the
Claimant had abandoned his assignment and his file was consequently closed
and the usual resignation forms were forwarded to him at his last known
address at St. Cloud.
In Jarnaary of
1976,
the Carrier began hiring laborers for its St. Cloud
shops and the Claimant was among those employees rehired to fill available
positions. The Claimant thereafter progressed a claim on his own behalf
seeking a return of his former seniority as a carman apprentice. The Claimant
alleges that Rule
22(g)
did not require that he exercise his seniority
outside St. Cloud and that he was dismissed without a fair and impartial
investigation in line with Rule 35(a).
The Claimant was well aware that he had district-wide seniority and that
he had an obligation to "bump" a
junior c
arman apprentice at Grand Forks.
It is a well-established principle that a mutually agreed-upon interpretation
of a collectively bargained-for rule must prevail. The negotiating parties
have historically interpreted Rule 22(g) of the controlling Agreement as
requiring employes whose positions are furloughed or abolished to exercise
their seniority to the fullest possible extent throughout their seniority
district. By abandoning his position at Grand Forks after only one day on
the job, the Claimant failed to fulfill his obligations under the Agreement
and as a result he forfeited his carman apprentice seniority rights.
Furthermore, the Claimant's charge that he was dismissed without an
investigation is without merit since he voluntarily removed himself from
the Carrier's service. Having exercised his seniority at Grand Forks as he
was required under the contract to do, it was the Claimant's further obligation
to protect that assignment. His failure to do so cannot be construed as a
Carrier-imposed disciplinary act, and therefore, he was not entitled to a
disciplinary investigation as he now claims.
The instant claim is entirely without merit and therefore shall be denied.
Foam 1 Award No. 7+86
Page 3 Docket No. 7306-I-T
2-BNI-I-'78
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTrEIVT BOARD
By order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
,~emarie Brasch - Achirinistrative Assistant
Dated at Chicago, Illinois, this 4th day of April,
1978.