Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11163
SECOND DIVISION Docket No. 10958
2-MP-SMW-'87
The Second Division consisted of the regular members and in
addition Referee T. Page Sharp when award was rendered.
(Sheet Metal Workers International Association
Parties to Dispute:
(Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1) That the Missouri Pacific Railroad Company violated the Memorandum of Agreement of June 11, 1984, when Sheet Metal Worker K. R. Miller's
bid to Position SM17M advertised at Fort Worth, Texas to be assigned at North
Little Rock, Arkansas, was refused;
2) That accordingly, the Missouri Pacific Railroad Company be
ordered to provide Sheet Metal 'Worker Miller with all the protective benefits
provided under the Memorandum of Agreement of June 11, 1984, and that he also
be compensated for all wage loss and fringe benefits that would have accrued
to him had his bid been accepted.
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.
The Carrier made the decision to transfer work from its Fort Worth,
Texas facility to its North Little Rock, Arkansas facility. In order to
accomplish this it was necessary to consummate an Implementing Agreement
with the Sheet Metal Workers. The negotiated Agreement allowed two Sheet
Metal Worker positions to be transferred to North Little Rock.
Claimant was an unsuccessful bidder on one of the two positions. He
had been working a position for an absent holder of the position when the
Implementing Agreement was effectuated. The Carrier had denied his bid on the
grounds that he was.a furloughed employe at the time of the posting of the
positions and furloughed employes were not allowed to bid. After the denial
Claimant filed his Claim which has been progressed to this Board.
Form 1
Page 2
Award No. 11163
Docket No. 10958
2-MP-SMW-'87
The Implementing Agreement was made pursuant to a September 25, 1964
Agreement which encompassed protective arrangements for displaced and dismissed employes. A pertinent part of the Agreement reads:
"1. Article I - Employee Protection of the
September 25, 1964 agreement will be made part
of the Agreement and all sections thereof will
be complied with unless a separate Agreement
is reached and then the section of Article I
of the September 25, 1964 Agreement to be modi
fied will be referred to."
By tying the provisions of this Agreement to the 1964 Agreement, the parties
by implication invoked the provisions of Article VI of that Agreement which
reads:
"The Board shall have exclusive jurisdiction over
disputes between the parties growing out of grievances concerning the interpretation or application of
Article I, Employe Protection, and Article II, Subcontracting."
The clear upshot of these provisions, read together, is that disputes concerning protective payments are exclusively vested in a disputes tribunal
formed under the provisions of the 1964 Agreement.
We must, therefore, dismiss that part of the Claim that asks for
protective benefits for the Claimant because we have no jurisdictional
authority to hear such Claims.
Although not clearly stated we interpret the second part of the Claim
to relate to wage payments that would have been made if Claimant had been
awarded the position. Claimant's right to the position for which he bid and
any subsequent payments for not having been awarded that position are determined by the bidding Rule, Rule 11, which reads in pertinent part:
"Employes bidding in positions under this rule
will not be permitted to bid on the position
vacated by them
...."
The literal wording of this Rule requires that a successful bidder leave a
position which necessitates the interpretation that he must have an assigned
position. Claimant did not have an assigned position and was simply covering
the position of a regularly assigned employe who was sick. He cannot qualify
for a bid under the Rule.
Claimant had no right to the position and, as stated earlier, if he
had a right to protective payments, he must pursue that right before another
forum.
Form 1 Award No. 11163
Page 3 Docket No. 10958
2-MP-SMW-'87
A W A R D
Claim denied and dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
o-
00,
Nancy ,d~ver - Executive Secretary
Dated at Chicago, Illinois, this 18th day of February 1987.