Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
9107
SECOND DIVISION Docket No. 9383
2-LT-USWA-'82
The Second Division consisted of the regular
members and
in
addition Referee John B. LaRocco when award was rendered.
( United Steelworkers of America
Parties to Dispute:
( Lake Terminal Railroad Company
Dispute: Claim of Employes:
(I) This time claim is instituted in behalf of Car Repairman's Helper,
G. Murray, whose seniority rights were violated when he was assigned
(forced) to 3 pm to 11 pm shift with Thursdays and Fridays off while
three (3
) temporary employees with no seniority were permitted to
remain on the
7
am to 3 pm shift with Saturdays and Sundays off, (the
shift that Mr. Murray was and is entitled to).
(2) It is requested that the Carrier compensate Mr. Murray eight (8) hours
pay at the Car Repairman Helper's rate for each day beginning with
July 26, 1980 and continuing on a daily basis until such a time as
this issue is resolved, in addition to all other earnings or benefits,
as penalty for this outrageous and premeditated violation of his
seniority.
(3)
It is also requested that Mr. Murray be compensated at one and a
half times the basic rate for his services on July 27, 1980, as
allowed under Rule 19(c).
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 waived right of appearance at hearing thereon.
Claimant holds a seniority date of April 23, 1979 as a Car Repairman Helper.
Prior to July 26, 1980, Claimant was assigned to the first shift. In June,
1980, the Carrier hired three new employes and assigned them to the first shift.
On July 17, 1980, the Carrier advertised a car repairman
helper position
on the
second shift. No bids were
received. The
Carrier then assigned Claimant who
was the junior
employe
on the applicable seniority roster to work the second
trick position which had been advertised. Claimant has been working the second
shift position since July 26, 1980.
Claimant seeks eight hours of pay for each day that he is compelled to
work the second trick position. The Organization argues that Claimant had a
Form 1
Page 2
Award No. 9107
Docket No. 9383
2-LT-USWA-182
right to retain his first shift position and that one of the newly hired
employes should have been forcibly assigned to work the second trick. The
Carrier maintains that it had to assign the most junior employe on the applicable
seniority roster to the second shift position when no bids were received
pursuant to Rule 30(c) of the scheduled Agreement. Further, the Carrier contends
that Rule 26(a) gives it the exclusive and absolute right to assign probationary
and temporary employes.
According to Rule 26(a), the new employes hired in June, 1980 did not
accumulate any seniority until they completed a probationary period measured by
ninety calendar days of service. In July 1980 when no worker bid on the second
trick helper position, the new employes were still within their probationary
period of service. Rule 30(c) of the scheduled Agreement states:
"(c) When a vacancy, promotion or new position is advertised
by bulletin and no application is received, the junior
qualified employe in the department in which the job was
advertised will be required to accept such position."
(Emphasis added
The term "junior qualified employe" refers to an employe's relative standing on
the relevant seniority roster. Since the new employes had not completed their
probationary period at the time the second shift position was bulletined, they
had not yet accumulated any seniority within the context of Rule 30(c). Thus,
the Carrier properly complied with Rules 26(a) and 30(c) when it assigned
Claimant, who was the junior qualified employe, to the second trick position on
July 26, 1980.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
/ ~ v
osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 2nd day of June, 1982.