Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11105
SECOND DIVISION Docket No. 10668
2-C&NW-CM-' 87
The Second Division consisted of the regular members and in
addition Referee Hyman Cohen when award was rendered.
(Brotherhocd Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Chicago and North Western Transportation Canpany
Dispute: Claim of Employes:
1. Carmen Helpers W. Bonnett, D. McDonough, D. Langstaff, J. Reuter,
G. Buckley, and M. Hanson were deprived of their contractual right by the Chicago and North Western Transportation Company on February 18, 1983.
2. That the Chicago and North Western Transportation Company be ordered to canpensate Carmen Hel~ers W. Bonnett, D. McDonough, D. Langstaff, J.
Reuter, G. Buckley and M. Hanson at the Carmen's straight-time rate of pay
dating from February 18, 1983, for each hour worked on Jobs 063, 064, 065,
066, and 067 plus 6% annual interest, restored to Carrier service with all
seniority rights, vacation rigr.ts, holidays, sick leave benefits and all other
benefits that are a condition of employment unimpaired and reimbursed for all
losses sustained account of loss of coverage under health and welfare and life
insurance agreements.
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 ,:'une 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 18, 1983, the Carrier's Car Department at Cudahy, Wisconsin, posted bulletins advertising six (6) new Carmen-Welder positions. Bulletin #1 listed Job Numbers 063 and 064 and Bulletin #2 listed Job Numbers 065,
066, 067 and 068. Job Number 1163 was awarded to Carman Brown, an employee who
had previously been assigned to job Number 019. Job 064 was awarded to Carman
Peterson. The four (4) positions listed in Bulletin #2, Jobs 065, 066, 067
and 068 were awarded to Claimants Bonnett, McDonough, Reuter and Langstaff,
all of whom were furloughed Carmen Helpers. Prior to filling these jobs, they
were displaced by Journeymen Carmen from the Clinton, Iowa Car Shop.
Form 1 Award No. 11105
Page 2 Docket No. 10668
2-C&NW-CM-'87
On March 4, 1983, the two (2) jobs vacated by Carmen Brown and Peter
son were awarded to Claimants Bonnett and McDonough who were furloughed Carmen
Helpers. Before filling the jobs they were displaced by two (2) furloughed
Journeymen Carmen from the Clinton Car Shop.
The organization contends that by allowing laid-off Carmen from the
Clinton, Iowa Car Shop to transfer to the jobs in Cudahy, Wisconsin, the Car
rier deprived the Claimants of their contractual rights.
The record warrants the conclusion that the six (6) Journeyman from
the Clinton Car Shop were properly placed on the jobs at Cudahy. When the
assignment Bulletins were issued the Claimants were the proper incumbents of
the jobs. However, since they were not Journeymen, they could be displaced
frcan these positions by Journeymen who could not hold jobs at their hone
point. Under the applicable Schedule Rules and Agreements, a Cayman position
occupied by a Cayman Helper is considered to be an open position which may be
filled by a Journeyman who has displacement rights.
Under Rule 26, a furloughed Caiman may exercise such rights at points
other than his home point. Such transfer is considered temporary until the
force is increased at his home point. Accordingly the Clinton employees exer
cised their contractual rights in displacing the Cudahy Helpers. The Carrier
is required under Rules 25 and 28 to displace the Claimants from the position.
However, in this case, the Claimants did not even fill the positions.
Furthermore, the instant Claim refers specifically to five (5) jobs,
namely, "Jobs 063, 064, 065, 066 and 067." Jobs 063 and 064 were awarded to err
Journeymen through the proper exercise of seniority; thus, there are three (3)
jobs at issue for the six (6) Claimants. Since three (3) Claimants, Bonnett,
McDonough and Renter did not fill three (3) jobs from which they should have
been displaced, each of them is entitled to one (1) day of pay, representing
one (1) day of service that they should have been required to perform.
A W A R
D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD
ADJUSTMENT BOARD
By Order of Second Division
Attest: ,
Nancy rer - Executive Secretary
Dated at Chicago, Illinois, this 7th day of January 1987.