F orm 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9489
SECOND DIVISION Docket No. 9322
2-B&o-CM-' 83
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
Brotherhood Railway Carmen of the United States
Parties to Dispute:
and Canada
(
( Baltimore and Ohio Railroad Company
Dispute: Claim of Employes:
No. 1. That Carrier violated the terms of the controlling Agreement and
infringed upon the contractual rights of Claimant, Nick J. Maiorano,
Haselton, Ohio, when on the date of November 21, 23, 26, 28, 29, and
30, 1979, they allowed a junior employee to work at DeForest Junction,
Ohio, under the provisions of Article IV of the 1954 Agreement, in lieu
of Claimant who had in fact, complied with all provisions embodied in
the Article IV Agreement, and being a senior employee should have been
called to work at DeForest Junction, Ohio in lieu of the junior
employee.
No. 2. That Carrier be ordered to compensate Claimant for all time lost account
this violation as follows: November 21, eight hours at straight-time,
November 23, eight hours at straight-time, November 26, eight hours at
straight-time, November 28, eight hours at straight-time, November 29,
eight hours at straight-time, November 30, eight hours at straight-time,
for a total of combined hours; --- forty-eight --- (4-8) hours at
straight-time, at $9.21 per hour, for a total of $4+2.08.
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.
Prior to August 29,
1979,
Claimant, N. Maiorano, held a regular assignment
as a Carman at Haselton Terminal. Furloughed on August
29, 1979,
he made a request
for relief work at Haselton. The record reveals that following his request,
Claimant was afforded various relief opportunities at Haselton.
A Carman less senior than Claimant, who also was regularly assigned at Haselton
and who had also been furloughed, was used by Carrier at DeForest Junction to
cover assignments on a relief basis. Because he was senior to this Carman,
Claimant filed a claim alleging that he should have been offered the relief work
rather than the less senior employe. Carrier denied the claim on the basis that
Claimant did not have a valid request for relief work at DeForest on record, nor did
he hold seniority rights at that point.
F orm 1
Pa ge 2
Award No. 9489
Docket No. 9322
2-B&o-CM- 183
A review of the record of this case reveals that the employe used at DeForest
did have a valid request on record and that Claimant dial not. Given the
failure on the part of Claimant to demonstrate that he had a valid request on
record for relief work at DeForest, the instant claim must be denied.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
e
: marie Brasch - Administrative Assistant
Date at Chicago, Illinois, this 18th day of May, 1983.