Form 1 NATIONAL RAILROAD ALLTUSTMENT BOARD Award No. 11099
SECOND
DIVISION
Docket No. 11177
2-C&NY-CM-'86
The Second Division consisted of the regular members and in
addition Referee Raymond E. McAlpin when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(
(Chicago and North Western Transportation Company
Dispute: Claim of Employer:
1. H. Schaefer was wrongfully given a Cayman's seniority date of
March 1, 1974, on seniority roster at Proviso, Illinois dated July 1, 1984.
2. That the Chicago and North Western Transportation Ccsnpany be
ordered to remove H. Schaefer's name from the seniority roster as a qualified
Cayman, and place him on the Helper's seniority roster, where he rightfully
belongs.
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 employer involved in this
dispute are respectively carrier and employer 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.
The Claimant was, prior to 1973, a Cayman's Helper at the Carrier's
Proviso facility. During 1973 he was prcrnoted to Mechanic-in-Charge at the
Carrier's 40th Street facility. At that time he was removed from the Proviso
seniority list and placed on the Cayman's list at the 40th Street facility.
These are separate seniority districts. During July of 1984, the Claimant was
placed back on the Proviso seniority list and given a seniority date of March
1, 1974.
The organization contends the Claimant should not have accumulated
seniority towards Journeyman's status while a Supervisor. The organization
claims a violation of Rule 145 as amended by Rules 19 and 57.
Form 1 Award No. 11099
Page 2 Docket No. 11177
2-C&NW-CM-' 86
The Carrier argues the Claimant was properly credited with service _
towards the 1,040 days necessary to qualify as a Journeyman Cayman, based on a
letter dated February 22, 1973, by the then General Chairman, and is covered
by Rule 145 of the July 1, 1921 Agreement. The Carrier notes that Rule 145
does not distinguish the type of experience necessary in order to be promoted
to a Journeyman's status. The Carrier notes that Rule 19 and 57 became effec
tive July 1, 1984, and would not govern a seniority in effect in 1973 and
further claims neither Rule addresses the matter in dispute here.
Upon complete review of the evidence, the Board finds that the Claimant was properly credited with service necessary in order to meet the Journeyman requirements under the Agreement. We quote from the General Chairman's
letter of February 22, 1973:
"3. Mile working as a mechanic-in-charge, he is
still given credit for the days he works towards
completing the 1, 040 days;."
Further, Rule 145 provides for mutual understanding between the Carrier and a
duly authorized committee, which is evidenced by the letter from the General
Chairman referred to above. With respect to the proper seniority, the Claimant appeared on the 40th Street seniority roster for a number of years without
protest either from the organization or the Claimant; therefore, the Board
finds that, as of 1980 when the Claimant's job was abolished at the 40th
Street facility, the Claimant was entitled to whatever his date was at that
time on the 40th Street roster. The record does not contain any information
as to what happened during 1980, and the Board finds that whatever moves took
place subsequent to that job (mechanic-in-charge) abolishment should have been
done in keeping with the Claimant's seniority date and position on the 40th
Street roster as of 1980 and the Agreement. The Claim will be denied on this
basis.
A W A R D
Claim denied.
NATIONAL RAILROAD ALUUSTMENT F30ARD
By Order of Second Division
Attest:
4i
~w -
Nancy J./6 r - Executive Secretary
Dated at Chicago, Illinois, this loth day of December 1986.