Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11327
SECOND DIVISION Docket No. 10914
2-MP-CM-'87
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated the agreement
of Rules 22(a), 24(a), 117 and 137 revised September 1, 1981, when they failed
to assign Carmen L. R. Foster, W. W. Martin and J. L. Taylor to fill positions
at Chester, Illinois and Carmen junior in seniority at St. Louis Terminal were
assigned.
2. That the Missouri Pacific Railroad Company be ordered to compensate Carmen L. R. Foster, W. W. Martin and J. L. Taylor starting July 29,
1983, all movies and benefits they are being deprived of until this violation
is corrected.
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 essential facts in this dispute reveal that the two Carmen positions at Chester, Illinois, were bulletined on July 21, 1983. On that same
date, one existing Carman position was abolished and was teadvertised because
of a change in the shift and off days. Only one person bid on these positions
and was assigned to one of the three vacancies. The Carrier then assigned two
senior furloughed Carmen who had transfer requests on file, pursuant to Rule
22 of the Parties' Agreement, to the remaining positions.
It is unrefuted that two of the Claimants, Carman Foster and Taylor,
were furloughed but had not executed transfer forms pursuant to Rule 22.
These two Claimants, by their choice, relinquished rights to transfer to other
locations. We agree with the Carrier's construction of the Rules that these
two employees, although senior to the employees placed in the positions, were
not entitled to be placed. Consequently, their Claims are denied.
Form 1 Award No. 11327
Page 2 Docket No. 10914
2-MP-CM-'87
With respect to Carman Martin, the record shows that he properly _'
filed a transfer form which was on file, and that he was belatedly placed in
one of the three Chester positions on August 12, 1983. Therefore, for
Claimant Martin, we sustain Part I of his Claim. With respect to Part II of
the Claim, Claimant Martin is to be compensated all movies and benefits he
would have received if he had been assigned to fill the position at issue at
the proper time.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
B Order of Second Division
Attest: _
ancy J. v - Executive Secretary
Dated at Chicago, Illinois, this 26th day of August 1987.
Vow