Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7929
SECOND DIVISION Docket No.
7834
2-PATH-CM-'79
The Second Division consisted of the regular members and in
addition Referee Irwin
M,
Lieberman when award was rendered.
( Brotherhood Railway Carmen of the United States
( and Canada (Carmen)
Parties to Dispute:
(
( Port Authority Trans-P~udson Corporation
Dispute: Claim of Enployes:
1. That the Carrier violated the terms of the Controlling Agreement
by not advertising a Lead Mechanic's (Car Inspector) job located
at Journal Square, Jersey City Id; J;°
2. The Carrier be ordered to award the Lead Mechanic's (Car
Inspector) j6a to Mi. Barry.
3.
That accordingly, the Carrier be further ordered to com;~ensate
Lead Mechanic (Car Inspector) MZ. Barry for any wages lost as a
result of the improper assignment.
Findings:
The Second Division of the Adjustment Boards upon the wrote 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.
Parties to said dispute waived right of appearance at hearing thereon.
The issue in this dispute is whether Carrier failed to properly
bulletin a head Mechanic's position in February of
1977,
The Bulletin
Rule (Article XI, Section 15) provides that new jobs and vacancies shall
be bulletined. Additionally, Petitioner contends that in the past when
there was a vacancy for a Lead Mechanic there was an informal canvassing of
the incumbents and the position would be assigned to the senior Lead Mechanic:
if he desired it.
Article I Section 1 of the Agreement lists the classifications covered
by the Agreement. Section 2 of that Article provides;
Form 1
Page 2
Award No.7929
Docket No. 783+
2-PATH-CM-'79
"Lead Mechanic - An employee chosen by PATH from one of
the mechanic classifications, who will perform work only
in the classification from which chosen and may direct
employees covered by this agreement,"
Carrier uoints out that the question of selection of Lead Mechanics vras
determined by~ Public Law Board Tao. 1587 in its Award No. 1
(T
Neutral) which dealt with a related dispute between these same parties.
In that award the Board hold:
"The selection of. true individual to fill the position of
Leading Mechanic is reserved by Article I, Section 2 to
PATH's sole discretion."
It appears that the parties, in February of 1978, a year following this
claim, negotiated a rule which provides, inter alia, that Lewd Mechanics'
positions must be bulletined. From this action, it is clear that the
parties,themselves had construed the rule applicable to this dispute (the
Bulletin Rule) to exclude Lead l1echanics. Hence, we must conclude that the
applicable rule, Article XI, Section 15 did not require that Lead Mechanics'
positions be bulletined. Since the claim is lacking rule support, it must
be denied.
A S·d A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTI~F~T~1T BOARD
33y Order of Second Division
·-~' semarie Brasch - Administrative Assistant
Dated 7at Chicago, Illinois, this 16th day of
1979.