Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7674
SECOND DIVISION Docket No. 7460
2-MP-EW-·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. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated Memorandum
Agreement of September 20, 1949 found on page 106 of the June 1,
1960 controlling agreement when they did not post bulletin
advertising position of Division Traveling Electrician at
Houston, Texas.
2. That accordingly, the Missouri Pacific Railroad Company compensate
Electrician C. P. Hargraves and twenty-five (25) other electricians
eight hours
(8t)
per day at straight time rate for March 16,
1974, and continuous each day until the violation is corrected.
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.
On March 1, 1974, the Carrier issued Bulletin #1 to replace a Division
Traveling Electrician due to retirement. It was clearly established that the
Carrier failed to post such Bulletin at its Settegast Diesel Shops which was
a facility within the Seniority District (the DeQuincy Division) where such
job was being filled. On March
16,
1974, Bulletin #2 was issued indicating
no bids were received as a result of Bulletin #1 and that an assignment was
being made. On May
6,
1974, a claim was made on behalf of the Claimants
as stated herein.
The Carrier contends the claim is untimely in that its date of effectuation exceeds the sixty-day limitation set forth in Rule 31 - Time Claims and
Grievances. While this may be supportable by a literal review of the dates
of the dates involved, the fact remains that the Claimants could hardly
Form 1 Award No
.7674
Page 2 - Docket No.
7460
2-MP-EW-'78
have known a violation existed in that the Bulletin was not posted. This is
not altered by the showing that the appropriate Union official was on
distribution for the Bulletin and may well have received it at some point
thereafter. The obligation rested upon the Carrier to post the Bulletin;
the events that thereafter followed are sufficient to establish the timeliness
of the Claim.
Insofar as the Claim itself, it deals only with the matter of compensation
claimed by "C.P. Hargraves and twenty-five (25) other electricians." The
record sufficiently shows that each and all such Claimants were employed
during the period involved (this case is in tandem with another involving the
abolishment of this position and its reposting in another district, which
is not part of this case; however, it does act to potentially limit the period
of this claim); it is also indicated in the record that the compensation of
the Traveling Electrician is not greatly in excess, if in excess at all, of
the Claimants.
Finally, the language of the Claim would indicate only a demand for
compensation and not that the position should be posted.
We find the Carrier in error by not posting the Bulletin at the Settegast
Diesel Shop March 1,
1974.
We do not find, however, that such violation of
the Agreement carries with it any basis for compensation in that no losses
of remuneration has been established by the Organization and there was no
indication of a desire to bid the job as part of the claim; it follows that
there was no claim of lack of opportunity, either.
A W A R D
Claims are denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
semarie Brasch - Administrative Assistant
Dated t Chicago, Illinois, this 29th day of August,
1978.