Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8792
SECOND DIVISION Docket No.
8665
2-S LSW-EW-' 81
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
International Brotherhood of Electrical Workers
Parties to Dispute:
St. Louis Soithwestern Railway Company
Dispute: Claim of Employes:
1. That the St. Louis Southwestern Railway Company did in fact deny Radio
Equipment Installer L. E. Sykes, Jr., his contractual rights, by seniority
to obtain a Micro-Wave Maintainers position on May 14,
1979.
2. That accordingly the St. Louis Southwestern Railway Company be ordered to
replace Radio Equipment Installer L. E. Sykes, Jr., on the Micro-Wave
Maintainers position.
3.
That accordingly i:he St. Louis Southwestern Railway Company be ordered. to
compensate Radio Equipment Installer L. E. Sykes, Jr., at the rate of
1,825.63
per monj:h, plus all future wage increases, in addition to this
regular pay, commencing with May 14,
1979
and until such time as he is
physically placed on the position as Micro-Wave Maintainer.
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 were given due notice of hearing thereon.
While a variety of points are raised by the parties in this case, the essential
events appear to be the fact that the Carrier established two (2) "Radio Equipment
Installer" positions (Numbers 11 & 14) and posted same in
1979
for bidding; each.
posting noted the positions were system-wide. The successful bidders were eventually
placed on specific assignments. The Claimant occupied the same position of Radio
Equipment Installer (Assignment Number
3)
having successfully bid such opening posted
in
1970;
the actual work he performed was different from that of the employees
occupying Positions 11 & 14.
The gravamen of the issue here appears to be the Organization's contention that,
when the jobs were posted, they did not specify what the specific assignment
Positions 11 & 14 would entail; apparently, the work assigned to the new position
was more desirable than that of the Claimant. The Organization relies upon Rule
3,
Section
3-3
which provides that "when a new job is established or a vacancy occurs,"
F Orin 1 Award No.
8792
Page 2 Docket No.
8665
2 -S LSW-EW-' 81
the senior qualified employees will be given preference in filling such job or
vacancy.
While it would appear that the two new Radio Equipment Installer positions may
have involved more interesting and challenging work than was being assigned the
Claimant, we do not find the circumstances here to be on point with Rule
3,
Section
3-4. This was not a new job, but rather additional Installer positions. The right
of the Carrier to determine the assignment of work within a classification does not
appear to have been shared with the Organization, according to the record presented.
We are mindful that the Claimant may have possessed all the necessary skills to
perform such work and without knowledge as to what the work performed by positions
11 and 14 would have had little reason to raise a question of interest, nonetheless
there is nothing to indicate that the Carrier could not assign within a classification
as it sees fit.
A W A R D
Claim is denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
o emarie Brasch - Administrative Assistant
Dated t Chicago, Illinois, this 28th day of October, 1981.