Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11323
SECOND DIVISION Docket No. 10754
2-MKT-CM-187
The Second Division consisted of the regular members and in
addition Referee Ezkehard Muessig when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Missouri-Kansas-Texas Railroad Company
Dispute: Claim of Employes
1. That the Missouri-Kansas-Texas Railroad Company violated the
agreement between the Missovsri-Kansas-Texas Railroad Company and the Brotherhood Railway Carmen of the United States and Canada, effective January 1,
1957, as amended, and the Railway Labor Act, as amended, when the MissouriKansas-Texas Railroad Company removed Carman T. G. Faries from his job at
Houston, Texas on or about :December 15, 1982.
2. That the Missouri-Kansas-Texas Railroad Company restore T. F.
Faries' name to the Missouri-Kansas-Texas Seniority roster at Houston, Texas
and that he be made whole for all time lost at the proper pro rata rate (eight
(8) hours per day, five days per week) commencing with his last day of employment with the Missouri-Kansas-Texas in Houston, which was on or about December
15, 1982.
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 t1e Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The evidence shows that the Claimant was furloughed on September 20,
1982, during a force reduction. Subsequently, he reported to Houston, Texas,
to work as a Car Inspector. The grievance file discloses considerable dispute
surrounding the circumstance=s of the Claimant accepting the Houston position,
the tenure of this position, and seniority rights applicable to the Claimant.
The Board has thoroughly reviewed the Submissions of the parties and,
while the Organization has made reasonable and strong points, we hold with the
Carrier.
Form 1 Award No. 11323
Page 2 Docket No. 10754
2-MKT-CM-'87
The record shows, as evidenced by the statements contained in the
initial Claim of November 15, 1982, as well as other documents in the file, ,fir
that the initial position the Claimant occupied at Houston was a temporary
vacancy. While there well might have been some misunderstanding by the
Claimants the evidence shows that the Claimant accepted a position at Houston
that, at the time, was not permanent. He never established seniority at
Houston.
In summary, the Board notes the essential issues and the parties are
the same as those involved by this Division when rendering Awards 11108 and
11109. Therefore, and after consideration of the Organization's vigorous
dissent to those Awards, this Board again concludes that the resolution of
disputes between the same parties concerning the same basic issues should not
be disturbed by a subsequent holding unless it is found that the initial
Awards) were palpably in error. Predictability of Awards between the same
parties tends to facilitate an orderly resolution of disputes. Accordingly,
given the foregoing, the Claim is denied.
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
r
Nancy J Wer - Executive Secretary
Dated at Chicago, Illinois, this 26th day of August 1987.