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Form 1 Award
No. 11108
Page 2 Docket
No.
10733
2-MKT-CM-187
The Organization contends that the Claimant was never advised by the
Carrier that the job that he accepted at Fort Worth beginning October 28 was
temporary. Since he believed that the job at Fort Worth was permanent the
organization indicates that the Claimant believed that he was accumulating
seniority. During the time that he filled the job at Fort Worth, jobs were
advertised at other locations and Carmen who had been furloughed and were junior to the Claimant were awarded these jobs. The organization contends that
since the Claimant was working at Fort
thbrth and
had not been furloughed, he
did not bid on these jobs. The Organization goes on to assert that the Claimant can only be furloughed by a reduction in force because he accumulated
seniority at Fort Worth since October 28, 1982. By displacing the Claimant
with a senior employee, the organization asserts that the Carrier violated the
Applicable Rule of the Agreement.
After carefully examining the record the Board concludes that the
Claim is to he denied. It may very well be true that when the Claimant accepted the job at Fort Worth, he was not informed by the Carrier that the job
was temporary. On the other hand, the Carrier never informed the Claimant
that the job was permanent. Indeed, the Board is of the opinion that the
Claimant should have known that upon reporting to Fort Worth where he held no
seniority, he would not be filling a permanent position and that he would not
accumulate seniority, while filling the job.
It should be noted that under Rule 23(b) of the Controlling Agreement, seniority of Carmen "shall be confined to the point employed * *."
Under Rule 13 employees holding seniority at the point where the vacancy or ''
new job is to be filled have the initial right to be hired. Rule 21(f) which
deals with Reduction of Forces, in relevant part, provides:
"While forces are reduced, if men are needed at
other points, furloughed men will be given preference to transfer, with privilege of returning to
home station when force is increased, such transfer
to be made without expense to the Company, seniority to govern. (See letter July 12, 1950, page 94
attached)."
If the vacancy or new job is not filled, Bulletins are issued to
other points to give furloughed employees an opportunity to bid on the vacancy
or job being advertised. (See Letter Agreement dated July 12, 1950).
When new positions of Carmen were established or vacancies occur at
Fort Worth, Dallas and Houston, the Carrier bulletined the positions locally
to the employees at the point where the positions were established. Thus,
Carmen at the points where the new jobs were established possessed a prior
right to bid on the jobs. This procedure was followed at each point before
-00
Form 1 Award No. 11108
Page 3 Docket No. 1n733
2-MKT-CM-'87
advertising positions to furloughed Carmen at points other than where the jobs
were established. It should ke noted also that Bulletins are required to be
posted for five (5) days at the points where the jobs are established and only
employees with seniority at the point where the jobs are established have the
right to bid on the jobs. The Claimant had been working unassigned and temporarily at Fort Worth. He was never assigned a permanent vacancy in accordance with the procedures under the Agreement. He bid on a vacancy advertised
at Fort Worth on November 11, 1982. No one with seniority at Fort Worth bid
on the advertised vacancy. If the Company would have assigned the Claimant to
the Fort Worth job on a permanent basis before the job was advertised to all
furloughed Journeymen Carmen the Carrier would have violated the Agreement.
After the job was advertised an employee senior to the Claimant was awarded
the vacancy.
To sustain the OrganiZation's contention that the Claimant was awarded a permanent position at Fort. worth and accumulated seniority would seriously undermine the Agreement. and practice of the Parties. That junior
employees bid on jobs at point=; other than Fort Worth and the Claimant failed
to do so is of no weight. His failure to bid on other jobs at Dallas and
Houston, Texas was at his own peril.
In light of the aforementioned considerations the Claim is denied.
A
w
A R D
Claim denied.
NATIONAL RAILROAD ALIIUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 7th day of January 1987.
vo
'~`~:5 ~~D
01987
LABOR MEMBERS DISSENT
~~.
Hr .Ks
TO
AWARD No. 11108, (DOCKET NO. 10733)
(Referee Hyman Cohen)
The Majority erred in their decision in this
Award.
The Majority :ignored completely the agreed to
application of the Rile as stated in the July 12, 1950
letter of understanding which stated:
"First an employe who holds seniority
at point "A" and is furloughed from
that point, who has an opportunity to
place himself on a job at another
seniority point, or point "B", would
accumulate seniority from the date he
starts work at point "B".
They further .ignored the record which contained
copies of the Bulletins advertising the vacancy, none
of which stated the :position was temporary.
The Claimant was called by the Carrier to fill
a vacancy at Fort Worth, on October 25, 1982 and began
work at Fort Worth on the vacant position on October 28,
1982 under the above quoted interpretation from the
Agreement the Claimant had placed himself on a position,
therefore, establishing seniority at Fort Worth on the
date he started working there.
Labor Members Dissent
To Award No. 1110
Docket No. 10733
Because of the Majority's erroneous decision,
we vigorously dissent.
..
F.. AVJohr.so-.
i
r
N.. ,: )tuiier.
v
C. D. Easiev
D. A. Hampton
h. D. Schwitalla