Form 1 NATIONAL RAILROAD
ADJUSTMENT
BOARD Award No. 8852
SECOND
DIVISION
Docket No. 8913-T
2-MP-EW-182
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
International Brotherhood of Electrical Workers
Parties to Dispute:
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated Rules 13 (a),
25 (a) and (c), 26 (a), 107 (a), and 108 of the June 1, 1960 controlling
agreement when they denied Electrician C. R. Gallagher his seniority
rights under the provisions of the agreement on October
17, 1978
and
continuous.
2. That, accordingly, the Missouri Pacific Railroad Company be ordered
to compensate Electrician C. 1:. Gallagher eight
(8)
hours pay at time
and one-half
(1h)
rate for October
17, 1978
and continuous.
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,
193+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
The Firemen and Oilers were advised of a possible third party interest, but
declined to intervene.
On October 11,
1978
the Carrier issued Bulletin No. 127 asking for bids on
the position of Crane Operator (Job No. ~--'10). The Bulletin included the following
information:
"Vice: H. M. Doyle - Off Sick
TEMPORARY POSITION
S. G. Hamilton Riding Bulletin"
Bids were received from three Electricians, the most senior of which was
C. G. Gallagher, the Claimant herein. Bids were also received from two employes
in the Laborers' craft, one of whom was S. G. Hamilton. As noted above, Hamilton
was riding the bulletin since October 11,
1978
(for which there is a separate
claim, see Award No. 8851, considered simultaneously with this dispute by the
Board).
Form 1 Award No. 8$52
Page 2 Docket No.
891
3-T
2-MP-EW-'82
The organization argues that Gallagher was denied the position in violation
of Rules
13
(a), 25 (a), and Classification of Work Rules 107 (a) and 108. The
Carrier refers to Rule
13
(c). Pertinent excerpts fromthese rules are as follows:
"R'LnE
13
(a) New jobs created and vacancies in the respective
crafts will be bulletined and the oldest employes in point of
service shall, if sufficient ability is shown by fair trial,
be given preference in filling .
...
(c) Vacancies, except vacation vacancies, known to be of 15
days ox more duration will, if the vacancy is to be filled be
advertised as 'temporary vacancies'
...
Rule 25(a) Seniority of employes in each craft covered by this
agreement shall be confined to the point and seniority subdivision
employed.
Rule 25 (c) lists seniority rosters of various crafts (Machinists, Boilermakers,
etc.) and includes:
"Craft Seniority Division
Electrical Workers Electricians
Apprentices
Electrician Helpers
Generator and Motor Attendants
Crane Operators
...
Thai°,. ig no question but that "Crane Operator" is a separate seniority
division (or "subdivision") as specified in Rule 25 (a) and (c). Thus, up to
October 11,
1978
when the bulletin was posted, there was no one with seniority as
Crane Operator at the specified location, other than the employe who was on illness
leave. No Electrician among the bidders could claim that he held seniority as
Crane Operator over any other employe.
The rules for eligibility to bid, however, are different. Rule 13 (a)
states that in the event of "vacancies in the respective crafts" (emphasis added),
preference shall go to "the oldest employe in point of service. "Craft" here
means "Electrical Workers" and subsumes various divisions including Crane
Operator. "Oldest employe in point of service" by logic refers to employes in
such crafts; this is something quite different from "seniority" in any of the
~xrious divisions.
The Board therefore finds that the bulletin was properly posted, even in
the absence of an employe with Crane Operator sen iority who might bid. Three
employes, all in the Electrical Workers' craft, placed bids. Rule 13 (e) mandates
shat the "oldest" employe (Gallagher) be selected.
Form 1
Page
3
Award No. 8852
Docket No.
8913-f
2-MP-EW-'82
For the carrier to place an employe i.n the position on the date that the
bulletin is posted and then declare that lie has, by this action alone, acquired
Crane Operator seniority, would be to make Rule 13 (a) a nullity.
The Carrier refers to Award No. 5575 (Ives) to define Crane Operator
seniority. This award, however, concerns only the right to overtime work as
between an available off-duty Crane Operator and a scheduled Electrician, and
provides no guidance here.
The Carrier also notes that the Organization considered Hamilton "as being
obligated to pay dues to the IBEW" from 60 days of the date of his placement on
the Crane Operator position on October 11,
1978.
This is hardly acquiescence by
the Organization. It simply means that: an employs, performing work of the
Electrical Workers' craft -- as directed by the Carrier -- is subject to dues
obligation, and nothing more.
While the Carrier erred in its selection for t:he Crane Operator position,
the remedy sought by the Organization is inappropriate. Although denied the
position of Crane Operator, there is no showing that the Claimant lost wages as
a result, since there is nothing to indicate that he failed to perform his assignment as Electrician.
A W A R D
Claim No. 1 sustained. The Claimant is to be awarded seniority as Crane
Operator from October 18,
1973
and to be placed as such as if he had been awarded
the "Temporary Position" in Bulletin No. 127.
Claim No. 2 denied.
Attest: Executive Secretary
National Railroad Agjustnient Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Sccond Division
By ~/ ` i~GD~~-~-,'
_ o Adm:
emarie Brasch Administrative Assistant
Dn T11 ni., 6th day of January, 1982.
ated at
Chi in _
.J..A
t7hicago, Illinois, this