Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8482
SECOND DIVISION Docket No.
8324
2-SISF-CM-180
The Second Division consisted of the regular members and in
addition Referee M. D. Lyden when award was rendered.
( Brotherhood Railway Carmen of the United
( States and Canada
Parties to Dispute:
(
( St. Louis-San Francisco Railway Company
Dispute: Claim of Employes:
1. That the St. Louis-San Francisco Railway Company violated the provisions
of the current controlling agreement when it improperly removed a senior
Carman from his position and assigned a junior employe to said position
on March
26, 1978.
?_.
That accordingly the St. Louis-San Francisco Railway Company be ordered
to compensate Carman Rex Friend at the time and one half rate of pay for
each Tuesday and Wednesday he has not been allowed to work job symbol
#1024
and at the straight time rate for every Thursday and Friday since
he was forced to bid to a less desirable position.
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.
Rex Friend, the claimant, is a journeyman carman regularly employed at
Springfield, Missouri, seniority date June
24, 1965.
On March
21, 1978 the
claimant displaced a junior carman, Larry Cloyd, from his job position No. 1024,
assigned x+:00 p.m. to 12:00 Midnight, Kansas Avenue Train Yard, rest days
Tuesday and Wednesday.
At the request: of Claimant, the Train Yard Foreman permitted him to work on the
industry truck an March 23 and 25, 1978. Mr. Friend was unable to write a proper
repair card and he did not fulfill the expectation of his supervisor. He was
assigned other duties within his classification and within the prescribed duties
of position No. 1024. The claimant exercised his seniority on March
27, 1978
to
position No.
3000
assigned 8:00 a.m. to x+:00 p.m., Kansas Avenue Train Yards and
Rip Track, rest days Thursday and Friday.
Form 1
Page 2
Award No. 8482
Docket No. 8324
2-SLSF-CM-180
Rule 17 concerns the filling of vacancies. The claimant did not fill a
vacancy on symbol No. 1021+, instead he acquired that position through displacement
rights as set forth in Rule 50. Rule 30 contains provisions regarding seniority,
and there was no question regarding Mr. Friend exercising his seniority rights.
To the contrary, the claimant was afforded his seniority rights both to the
extent of displacing onto symbol No. 1024 and to the extent of exercising his
seniority through the bidding process to job
symbol
No. 3000. Clearly he was
assigned to the No. 1024 position, after he exercised seniority through the
displacement process, and he was not disqualified from that position. Neither was
he required to bid to position No. 3000 or any other position, as he could have
remained on job No. 1024 with all rights intact.
On march 27,
1978,
Mr. Friend bid on Bulletin No. 49. He was the successful
applicant on this bulletin and was assigned to Job
Symbol No.
3000. Each of the
above moves made by Mr. Friend between March 21, 1978 and March 29, 1978 are
voluntary moves made by the claimant. Mr. Friend was not disqualified from
Position No. 1021+. Insofar as the Carrier was concerned, he could be occupying
this position today, if his seniority permitted him to do so.
In summation, Mr. Friend was not disqualified for symbol No. 1024; he bid for
this position to
Symbol
No. 3000 of his own volition. Therefore, the claim of the
employes is denied.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
By yet. _
emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 29th day of October, 1980.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division