Form 1 NATIONAL RAIMOAD ADJUSTMENT BOARD Award No.
8384
SECOND DIVISION Docket No.
8090
2-SCIr-SM-' 80
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
( Sheet Metal Workers' International Association
(
Parties to Dispute:
(
( Seaboard Coast Line Railroad Caanpanyy
Dispute: Claim of Employes:
1. Carrier fail to grant extra week vacation for
1977.
2, That claimant be paid double time and one-bald rate of pay for any
vacation not granted during year 1g77, and each succeeding year
thereafter until claim is settled..
3.
Claimant's records be corrected whereas proper vacation be granted in
the future.
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 Tabor 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,
In this dispute, Claimant contends that he was forced to submit a notice
of ,resignation and release of a71 seniority rights on March
g, 1976
to begin
work with the Louisville and Nashville Railroad (h&1V) on March 10,
1976.
He
argues that other employees were not required to waive their seniority when they
effectuated similar transfer and his Seaboard Coast Line Railroad (SCL)
identification number which was changed when he was entered on the L8rN records
was again assigned to him when the mechanical operations of the SCZ, h&N and AZT
were consolidated in December,
1976
pursuant to .'the provisions of Section 1(c)
of the November 11,
1976
Consolidation Agreement. He claims that the aforesaid
evidence supports his contention that his seniority accumulation is unbroken
by the March,
1976
transfer.
Contrariwise, Carrier contends that he voluntarily resigned (roan his SCZ
position, while on a furloughed status and was under the I&N's separate
collective bargaining Agreement at that time. It argues that both the SCZ
and L&N Agreements do not contain provisions governing interroad seniority
transfers and thus no specific viola tion can be cited as relevant to these facts.
..
Form 1 Award No.
8384
Page 2 Docket No. 8090
2-SCL-SM-'80
Before proceeding to a substantive discussion of the dispute's merits,
we must note our concurrence with Claimant's contention that Carrier failed to
address the Organization's Nay 25, 1976 letter asserting that other employees
were not required to relinquish seniority rights when they transferred from the
SCL to L&N. In fact, a perusal of this letter, marked employee exhibit G in
the record shows that the General Chairman noted that one employee named
Mr. C. A. Palmer had to forfeit his seniority, while another employee named
Mr. D. A. Williams did not have to waive this benefit when hired by the L&N.
Except for the notation that they were both hired on July 24, 1974, we have no
other evidence as to these particulars.
Inasmuch, as we find that Carrier didn't explicitly respond to this letter,
we believe that this ami.ssion does not negate the primary issue that is before
this Division, namely whether specific agreement language or clearly definable
practice precluded voluntary waiver. At the time, he accepted the I&N position,
he was on furloughed status. He voluntarily resigned his seniority and began
by definition to accumulate seniority de novo on March 10, 1976. There is no
agreement language in either of the two separate contracts that protected or
defined seniority transfers between the SCL and L&N roads and the precedent
asserted past practice in the May 25, 1976 letter does not conclusively demonstrate
that a consistent seniority transfer policy was observed by L&N officials. It
may well be that one person was permitted to transfer his seniority, while
another was not.in 1974, but we don't have sufficient information relative to
these transfers to conclude that a well established past practice existed..
There was no specific agreement language that pertained to interroad seniority
transfers before the November 11, 1976 Consolidation Agreement and we cannot
by interpretation, write such a provision. The fact that he was given the same
SCL ID number when the several mechanical operations were consolidated in
December, 1976 or the correlative fact that the SCL awned the L&N, does not
change the situation in the absence of specific agreement language or compelling
evidence of past practice. We do not find an Agreement violation and accordingly,
we must deny the claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
,P~t~
)o2semarie~Bra~sch- Administrative Assistant
Dated at Chicago, Illinois, this 25th day of June, 1980.