Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9087
SECOND DIVISION
Docket No.
8843
2-C&o-Ew-' 82
The Second Division consisted of the regular members and in
addition Referee Carlton R. Sickles when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Chesapeake and Ohio Railway Company
Dispute: Claim of Employes:
1. That the Chesapeake and Ohio Railway Company violated the current
agreements, particularly Rule 27 (Understanding - Revised July 16,
1962) and Rule 188 (Understanding - Effective July 16,
1961)
of the
Shop Crafts Agreement.
2. That accordingly the Chesapeake and Ohio Railway Company be ordered
to additionally compensate Pier Operator P. C. Watson in the amount
of two (2) days pay at eight (8) hours per day.
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 aver the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The claimant alleges that he was recalled to work from the furloughed list
for five days to fill a vacation vacancy, but that after working for three days,
a senior pier operator was allowed to displace him thereby causing him to lose
two days' pay.
Claimant cites that Rule 27 would require that he be given five whole
working days' notice before he is suspended and that the Understanding of Rule
188 would have precluded the senior pier operator from displacing him for the
two days in question because the senior operator would be required, under that
rule, to observe the rest days of the position which he was then holding
temporarily.
The carrier has pointed out that Rule 27 applies to a reduction in force
and since no job was being abolished in this instance, the provision is not
applicable. A reading of Rule 27 indicates clearly that it applies only in the
event of a reduction in forces and that the requirement of five days' notice
before reduction is limited by the terms of that rule to such reduction in force.
Form 1 Award No. 9087
Page 2 Docket No. 88+3
2-C&O-EW-'82
The carrier points out that the Understanding to Rule 188 is limited in its
application to a regularly assigned employe who is used to fill a vacation
vacancy. It is noted that in the instant matter, the employe involved is not
a regularly assigned employe and, therefore, the provisions in this paragraph
do not restrict the rights of the senior pier operator who exercised his
seniority in this instance.
The carrier alleges and it is not refuted that, except for the provisions
cited by the claimant, the senior operator herein has the right to replace the
claimant for the two days involved. Since neither of these situations apply,
namely, there was not a reduction in force and the employe involved was not a
regularly assigned employe, then the claimant is subject to being replaced by
the senior operator.
There is language at the end of the Understanding to Rule 188 which provides
"being understood that employes may not request to move to a vacation vacancy
after the vacancy commences".
However, this clause has to be read in light of the paragraph of which it
is a part and since this paragraph by its terms is limited to a regularly
assigned employe, then it has not established a rule of general application which
is effective in this instance. The claim will be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
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3Byy
osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 19th day of May, 1982.