Form 1 NATIOTIAL RAlZI;0.4D ADJUS TI',,ETV'T BOARD Award To. 7627
SECOND DIVISION Docket No. 717
2-T&P-CM-' 78

The Second Division consisted of the regular members and in addition Referee l;dbex't G. ~~JiZlialns when award was rendered.

( System Federation TTo. 1.21, Railway Employes'

( Department, A. h. of Z. - C I. G.

Parties to Dispute: ( (Carmen)
(

( Texas and Pacific Railway Company-

Di.s autey Claim of 1?mployes:

1. That under the current agreement the Carrier improperly enployed a furloughed. Electrician, and upgraded him to Cainan around Senior :i`u,rlour;hed Carman Helper G. A. He x'nandez, algid has t:onhed him a s a Carman beginning Decez:aber :1_2, 1867, through the present date.

2. That accordingly t1ne Carrier be order cd to :place Caiman C;. A. ITelllande.L nanC ahead O.' Car:_r"1, 11 C. .I.. Wright Jr. , on the ~~,1g Spring, Texas seniority Poster effective January 1, 175·

Findings:

The Second Division of the Adjustment uoard, upon ah_e: whole record and all the evidence, finds thaw:

The carrier on carriers and tile employe 01 employes involved :u_%1 '0:11.5 dispute are respectively carrier and employe within the moaning of tree Railway Labor Act as approved Juno 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right oar' appearance at hearing -Lnereoa.

Claimant cannot, })k-: held b7a,?m~loss for any inn:aion taken regardinIg. his seniority rights. He acknow7.ed~os th!xv lie knew junior employes ~r.ere working as up-grauEd Carmen :Then he retu;clx.:>d to service June 3, 1970. He nla.de no protes t at that time.

Again, Claimant was well a~,rare of the seniority standing of former Electrician Wright w>czi the seniority router af the Car^..,m:n's Craft; z:...,> posted January 1, l9`('2. Claimant :na.de no protest at that time. Tt was not .proper to do so sc:qe Uhrcce years later, i.e. januar; 28, 1975. It is firmly established that tine limit agreements are binding on all parties to the agrecanF:ixt. See S'econd. Iu:%r:i_sioil A~rard. 4297.
Form 1 Award 1So. 7627
Page 2 Docket No. 7147
2-`r&P-CM-' 7u

It is robed that Claimant' g sen_~.ority as a Carr:an helper is not affected. The record fails to show that Cain-an Wright's seniority date was improperly es~cablished. The record also fails to show that the Claimant's seniority date as a Caiman is incorrect.

A W A R D

Claim denied..

1TATIO1dAZ RULTROAD ADJUST= BOARD

By Order of Second Division

Attest: Executive Sec,_reta~y.

National Railroad Adjustment Board

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`°-'"°~ tv.(Yf::iOI:i`3;Y'1.e .Bl"ar.Cf11- i_uT11.i11S~:.":~,i,:LV~ tiSS:LS'Ga.?11:Dated (~a-c Chicago, Illinois, this 31st day of July, 1978.