Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10949
SECOND DIVISION Docket No. 10993-I
2-B&A-I-F&0-'86
The Second Division consisted of the regular members and in
addition Referee Raymond E. McAlpin when award was rendered.
(James Morizzo
Parties to Dispute:
(Bangor and Aroostook Railroad Company
Dispute: Claim of Employes:
Rules Violated: Section #1; #3 A,B, C; Rule # 122 others Rule #15
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.
On June 4, 1984, the Carrier recalled two furloughed Laborers, J. P.
Johnston, seniority date August 19, 1974 and H. J. Badger, seniority date June
21, 1976. These two individuals were recalled instead of the Claimant. The
Claimant's seniority date is July 26, 1976.
The Claimant argued that the Carrier recalled individuals belonging
to the Carman's Union to perform work belonging to the Laborers. In addition,
the Claimant stated that the Carrier had violated Rule 15 which states in
pertinent part "When new jobs are created or vacancies occur in the respective
crafts, at a. point, the oldest employees in point of service shall, if
sufficient ability is shown by trial, be given preference in filling such new
jobs or any vacancies that may be desirable to them. All vacancies or new
jobs created will be bulletined . . .". It was the Claimant's contention that
the jobs in question should have been bulletined, at which point since he was
a member in good standing of the International Brotherhood of Firemen and
Oilers, which is the organization representing the work on this line, that he
would have had an opportunity to bid for a job and would have been the successful bidder.
Form 1 Award No. 10949
Page 2 Docket No. 10993-I
2-B&A-I-F&0-'86
The Carrier argued that the two employees in question were Number 13
and Number 17 on the Seniority List. Membership in a particular Labor Organization is not a responsibility of the Carrier unless this dispute is brought
to the attention of the Carrier. The Carrier notes the Seniority List had
been properly posted and that no protests of the seniority dates had been
noted. Rule 28(b) allows employees to hold seniority in more than one craft,
under certain circumstances, and this was involved in this case. With respect
to the alleged violation of Rule 15, the Carrier submits that this applies to
new positions only. This case involved a recall of furloughed employees, in
which case Rule 23 applies, which states in pertinent part ". . . in the
restoration of forces, senior laid off men will be given preference in returning to service, if available within ten days unless such time is extended by
proper authority in conjunction with the Local Committee, and shall be
returned to their former position if possible . . . . "
Upon complete review of the evidence presented, the Board finds the
Carrier called furloughed employees back in the proper order of the Seniority
List. There was no challenge to this Seniority List or the seniority dates
contained therein by any of the Labor Organizations on the property. The
Board finds that Rule 15 is not applicable and Rule 23 is applicable and the
Carrier has followed Rule 23 completely. This Board has held consistently
that proper standing or membership in a Labor Organization are not within the
jurisdiction of the Board. The Board finds no merit in the Claimant's position. Therefore, the Claim will be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: ,
Nancy J. _qsWr' - Executive Secretary
Dated at Chicago, Illinois, this 6th day of August 1986.