I
Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9809
SECOND DIVISION Docket No. 9422
2-SCL-CM-' 84
The Second Division consisted o f the regular members and in
addition Referee James F. Scearce when award was rendered.
( Brotherhood Railway Carmen of the
Parties to Dispute: ( United States and Canada, AFL-CIO
( The Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That the Seaboard Coast Line Railroad Company violated the controlling
agreement when Carman J. W. Holton was placed on the seniority roster at Atlanta,
Georgia ahead of Carmen R. T. McEntyre and J. O. King.
_ 2. That accordingly, the Seaboard Coast Line Railroad Company be ordered
to remove Carman Holton's name from the senority roster at Atlanta, Georgia and
place on the roster correctly by deducting hours served on the Southern Railroad
System.
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 employes 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.
This claim arises out of the establishment of a seniority date for Carman J.
W. Holton, due to his having completed the required number of hours (8,320) of
apprenticeship based upon 5,411 hours on this Carrier's property prior to being
furloughed, 1,936 hours as a Carman apprentice with Southern Railway -- where his
service commenced after such furlough -- and thereafter returning to this
property at which time he successfully completed the remaining hours of apprenticeship
establishing a seniority date of May 30, 1977. The Claim was filed on behalf of
two other carmen who held their entire apprenticeship training and service on
this property but completed such training after the Claimant herein completed
his. Essentially, the Organization seeks to have the Claimant's name stricken
from the seniority roster and returned only after he completes all of his
apprenticeship training on this property.
The Carrier contends that the organization can point to no provision of the
Agreement which prohibits giving credit for apprenticeship on another railroad
and, further, that it had the concurrence of the Local Chairman in this action.
The Organization, contrawise, contends that the applicable rule (46) does not
allow for credit to be given for time served on a foreign property.
Form 1 Award No. 9809
Page 2 Docket No. 9422
2-SCL-CM-'84
In the first place, it is beyond the scope of authority of a Local Chairman
to effect such accords as this -- regardless of their validity or lack thereof.
His doing so did not give the stamp o f approval; on the other hand, i f the action
was proper it was not required anyway. As to the propriety of such action, while
the arguments raised by the Organization are sound and rational, the fact is that
the relevant Rule does not restrict the counting of time served in apprenticeship
elsewhere. It is anticipated that while such training may vary to some extent
between Carriers, in pertinent part it is assumed that it is the same or similar
in the main. Lacking a showing that such time served is excluded from credit, we
find no basis to conclude the Carrier could not do so.
A WA R D
Claim Denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
e' °
N cy . Dever
m
Executive .Secretary
Dated at Chicago, Illinois, this 7th day of March, 1984