Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10238
SECOND DIVISION Docket No. 9036-T
2-L&N-MA-'85
The Second Division consisted of the regular members and in
addition Referee
Rodney E. Dennis when award was rendered.
( International Association of Machinists and Aerospace Workers
Parties to Dispute:
( Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
That the Louisville and Nashville Railroad Company is in violation of
the existing controlling agreement effective September 1, 1943, as subsequently amended, Rule 21(c), but not limited thereto, as a result of carrying
J. H. Robinson's (I.D. 261402) name on the South Louisville Mechanical
Facilities Machinists Seniority Roster because on or about August 1, 1977,
J. H. Robinson severed his employment relationship with the L&N Railroad
Company by accepting employment with the Seaboard Coastline (sic) Railroad
Company.
That accordingly J. H. Robinson's name be removed from the South
Louisville Mechanical Facilities Machinists Seniority Roster.
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 were given due notice of hearing thereon.
Petitioner in this
instance is
the Local Chairman at the South Louisville
Mechanics Facility. He protested Carrier's
maintaining the
name of J. H. Robinson
on the machinist Seniority Roster at the L&N South Louisville Shops when Robinson
had been hired as a Supervisor on the Seaboard Coast Line.
Petitioner cites Rule 21 (c) of the Controlling Agreement as its authority
for its position. Rule 21 (c) reads as follows:
"Rule 21(c) Employes elected as officers of their organizations
or promoted to official positions with the L&N
Railroad, or securing positions with any agency,
board, or commission established pursuant to
Federal or State Statutes, dealing with railroads,
or with agencies established by railroads on
regional or national basis shall be considered on
leave of absence while so engaged with the right
to assert their seniority within 30 days after
release from such employment."
Form 1 Award No. 10238
Page 2 Locket No. 9036-T
2-L&N-MA-'85
At the outset, Carrier takes the position that the office responsible for
receiving claims never received the initial claim in this instance. It presented
a statement signed by Mr. Roy and Mr. Parrish, two Carrier representatives
concerned with Craft claims, stating that they never saw the initial claim. In
that same letter, however, it is stated that the Secretary in the office remembers
the claim and that she did give it to the proper person. Statements to this
effect are also part of the record of this case. It is this Division's finding
that a claim was properly filed and that it should be decided on the merits.
Petitioner's position in the case is the more persuasive and has Agreement
support. Carrier alludes to past instance's in which Supervisors in the SCL have
maintained Craft seniority on the L&N. It does not, however, name them. It
talks of a merger between the L&N and SCL. It does not, however, present evidence
that such a merger has taken place or prove that Rule 21(c) would apply if a
merger had taken place.
The fact is that no Rule was cited by Carrier to support its position and
Rule 21(c) does support the Petitioner's position. It states that employes
promoted to official positions with the L&N Railroad shall have the right to
assert their seniority within 30 days after they leave a Supervisory position.
It does not mention any other Railroad or imply a wider application than the L&N.
Based on the record before it, this Division is compelled to sustain Petitioner,
claim.
A W A R D
Claim sustained per the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: v
rzg
Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 31st day of January 1985.