NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10728
SECOND DIVISION Docket No. 9950
The Second Division consisted of the regular members and in
addition Referee Lamont E. Stallworth when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Southern Railway System
Dispute: Claim of Employes:
1. That the Carrier violated the current Agreement when it failed to
remove Carman D. R. Fine's name from the Bulls Gap Seniority Roster, after he
had returned to work at his home point, Knoxville, Tennessee.
2. That the Carrier be ordered to remove Carman D. R. Fine's name
from the Bulls Gap Seniority Roster in accordance with Paragraph (c), Section
2 of Rule 16.
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.
The facts disclosed by this record are not in dispute. The
controversy between the Claimant and Carrier grew out of application of Rule
16 and interpretation of the sections and paragraphs thereunder.
The Organization contends Section 1 (c), (j) and Section 2 (c)
support its claim and argues that the Rule must be considered in its entirety.
The Carrier asserts that Claimant is in active service subject only
to Section 1 of Rule 16; and, that Section 2 (a), (b), (c) is intended only
for furloughed employes.
Contrary to Carrier's position that Section 2 is controlled by
Paragraph (c), the Board finds that the whole Rule must be construed. To do
otherwise would make Section (c) a general clause and give the contract a
meaning that was not the intent of the parties (see Award 6948).
Under the provision of the contract in the instant case, Section 1
(j), an employe can retain seniority at his home point, and the last away
from home point at which employed. In the Board's opinion, Claimant has
seniority at both locations.
Form 1 Award No. 10728
Page 2 Docket No. 9950
2-SOU-CM-'86
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. De xecutive Secretary
Dated at Chicago, Illinois, this 19th day of February 1986.