Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7559
SECOND DIVISION Docket No.
7461
2-C&EI-CM-`78
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
( System Federation No. 2, Railway Employes'
( Department, A. F. of L. - C. 1.0.
Parties to Dispute: ( (Carmen)
(
( Chicago and Eastern Illinois Railroad Company
Dispute: Claim of Employes:
1. That the Chicago and Eastern Illinois Railroad Company violated
the provisions of the Agreement, specifically Rules 7, 11, 13,
25 and all memorandum to these rules, when they erroneously
awarded a permanent position of Car Inspector at Joppa,
Illinois to Carman Norris E. Story.
2. That the Chicago and Eastern Illinois Railroad Company be
ordered to correct their error and correctly award the Car
Inspectors position at Joppa, Illinois to Carman H. E Williams,
who was the oldest employe in seniority to bid on the permanent
vacancy.
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.
Carman N. E. Story was regularly assigned as Carman at Yard Center
(Chicago), Illinois. He was awarded a temporary vacancy at Joppa, Illinois
and worked the position at that one-man point from April 22,
1974
through
May 4,
1974
due to regular occupant, Carman Garner, being absent due to
sickness. At that time Carman Story returned to his regular J,osition
at Yard City where he maintained seniority.
Upon the retirement of Carman Garner at Joppa, May 31,
1975,
Carman
Story was awarded the position, Carrier alleging he had established seniority
at that point when he filled the temporary vacancy for a few days beginning
April 22,
1974.
Form 1
Page 2
Award No. 7559
Docket
No. 7461
2-C&EI-CM-' 78
This Board has reviewed the rules of agreement, particularly Rules
7
and 13.
Rule 7 is a pay rule, nothing more. It seems unquestionable that
the rule does not imply or intend that seniority will be established under
such circumstances. Rule 13,
on
the other hand, applies to those transferring to another point with the view of accepting a permanent transfer.
That is not the case here. Carman Story was well aware that the vacancy
was for the duration of Carman Garner's illness. We find, therefore, that
Carman Story was improperly awarded the permanent vacancy upon Carman
Garner's retirement.
Both parties have alleged a violation of Rule 25 which relates to
posting and protesting seniority rosters. Since this dispute deals with
adjusting seniority we have chosen to deal with the merits and make no
determination on the question of procedure.
Almost three years have expired since this dispute arose. Bearing in
mind the changing conditions over such a long period of time which may
affect job preferences, the case is remanded to the parties for disposition.
The Board will retain jurisdiction of the dispute for a period of ninety
(90) days. Upon notice from either party that no settlement has been reached,
this Board will issue the remedy.
A W A R D
Claim sustained and remanded in accordance with the Findings.
NATIONAL RAILROAD ADJUST141T BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By -~ e
-f -t.~rL~Li..~--/L- ~~C~-c
-/L.---
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 16th day of June,
1978.