Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9981
SECOND DIVISION Docket No. 9691
2-SLSW-EW-184
The Second Division consisted of the regular members and in
addition Referee David Dolnick when award as rendered.
( International Brotherhood of Electrical Workers
. ( System Council No. 27
Parties to Dispute:
( St. Louis Southwestern Railway Company
Dispute: Claim of Employes:
1. That the St. Louis Southwestern Railway Company failed to physically
execute Bulletin 2 A, dated February 27, 1981, in awarding Position No. 8, Location
5600 to Equipment Installer L. E. Sykes, Jr. the successful applicant and
continues
to violate Rule 3-Seniority and Rule 3-8 of the controlling Agreement.
2. That accordingly, St. Louis Southwestern Railway Company be ordered to
physically execute the assignment
change awarded
in Bulletin 2-A to Equipment
Installer L. E. Sykes, Jr. and further for eight (8) hours each day, six (6)
days per week at the pro rata rate of pay, commencing March 2, 1981 and continuous
until Mr. Sykes is physically placed on the position as Radio Equipment Installer,
as per his senior bid on Carrier bulletin of February 13, 1981.
FINDINGS:
Th'e 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.
On February 13, 1981, the Carrier posted Lineman's Vacancy Bulletin
No.
2, asking
for bids for a temporary vacancy made necessary because of the illness o f E. L.
Valentine, who was permanently assigned to the position of Equipment Installer,
Position No. 8, Location No. 5600, at Pine Bluff, Arkansas. Claimant, the most
senior bidder, was assigned to that vacancy, as noted in Bulletin No. 2-A, dated
February 27, 1981. He began to work that position on March 2, 1981.
Valentine returned to his Position
No.
8 on April 3, 1981, and the Claimant
was reassigned to his pezmanent position.
From approximately March 2, 1981, to April 3, 1981, while the Claimant was
assigned to Position No. 8 temporarily vacated by Valentine, the Carrier ha3 another
equipment installer- R. A. Swanigan - who had less seniority than the Claimant -
perform microwave work at Location No. 5600 on Position No. 8. Valentine, while
working that position, also performed microwave work.
Form 1 Award No. 9981
Page 2 Docket No. 9691
2-SLSW-EW-184
It is the position of the Efnployes that the Claimant was really never
assigned to the full position occupied by
Valentine, since
the Claimant was not
permitted to perform microwave work, which was an
essential part
of Position No. 8
at Location No. 5600. For this reason, Employes contend that the Claimant is
entitled to compensation for eight (8) hours, six (6) days a week at the pro rata
rate of pay from March 2, 1981, to April 3, 1981.
Bulletin No. 2 advertised a temporary position of an Equipment Installer°.
Claimant, Valentine, and Swanigan were all in that classification. Claimant lost
no pay from March 2, 1981 to April 2, 1981. He at all times receive-d the rate of
pay for the job of Equipment Installer. The claim here is in the nature of a
penalty, for which there is no provision in the
Agreement.
Within an agreed upon position, Carrier has the right to determine the
assignment of
work, providing it does not, in other respects, violate the rights
of other employes in that classification. Admittedly, Swanigan was more capable
than the Claimant to perform microwave work. When he was so assigned to perform
microwave work on Position No. 8 at Location No. 5600, he in no way deprived the
Claimant of any of his seniority rights or of any additional pay or other money
increments. Carrier did not violate Rule 3-3.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
ATTEST:
Nancy ever - Executive Secretary
Dated at Chicago, Illinois, this 11th day of July, 1984