Form
1 NATIONAL RAILROAD
ADJUSTMENT
BOARD
Award No. 11361
SECOND DIVISION Docket No. 11140
2-SLSW-I-MA-'87
The Second Division consisted of the regular members and in
addition Referee Elliott H. Goldstein when award was rendered.
(R. D. Lundy
Parties to Dispute:
(St. Louis Southwestern Railway Company
Dispute: Claim of Employes
:
1. January 1984 "bumping" right
Employee, a member of the International Association of Machinists and
Aerospace Workers, District 19 ("Union"), claims that he was on the machinist
seniority roster and eligible to be rehired by the Carrier when vacancies
occurred in November, 1983. He was in fact called back and would have been
rehired but for an error by the Carrier in evaluating his physical condition.
The error was corrected but in the meantime a junior employee was hired. The
employee contends that he was then entitled to "bump" the junior machinist,
but his "bump" was denied.
Thereafter on March 15, 1984, a "letter agreement" was entered into
between the Carrier and the Union (to which the employee was not a party and
not advised). The Carrier takes the position that the agreement denies employee the bumping right. Employee contends that the Carrier position misconstrues the letter agreement or that it is contrary to the provisions of the
Union Agreement, and that he was not a party to nor bound by the agreement;
which could not take away his seniority rights.
2. September 1984 "bumping" right
Employee was rehired on February 21, 1984 as E & M Gang #1 - W/S
Repairmen, which job was abolished on September 21, 1984. Again the employee's claim of right to "bump" was denied.
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.
Form 1 Award
No. 11361
Page 2 Docket
No.
11140
2-SLSW-I-MA-'87
The relevant facts precipitating the instant dispute are essentially
uncontroverted. Claimant was a former Rock Island Railway Company Machinist
subject to the March 4, 1980 Labor Protective Agreement. Under the provisions
of this Agreement, former Rock Island employees who met the physical and rules
standards of the Carrier had the first right of hire, and the Carrier was
obligated to first utilize existing Rock Island seniority rosters in fulfilling employment needs.
In November, 1983, Claimant was notified of a Machinist vacancy with
the St. Louis Southwestern Railway Company in Kansas City, Kansas. Claimant
made application for the position and was given a physical examination. As a
result of this physical exam, Claimant was rejected for the Machinist position. The individual next on the seniority roster,
R.
J. Taggart, was then
notified of the vacancy and ultimately assigned to the Machinist position.
Subsequent correspondence between Claimant's personal physician and the
Carrier resulted in the approval of Claimant for service. He was notified by
letter dated January 24, 1984, that his name had been returned to the list of
eligible Rock Island employees to be given preference for hiring for future
vacancies.
On February 21, 1984, Claimant was hired by the Carrier as a Water
Service Repairman in the Maintenance of Way Department and established seniority in the craft and classification on that date. This position was covered
by the Agreement with the Brotherhood of Maintenance of Way Employes.
On March 15, 1984, Carrier and the International Association of
Machinists signed an Agreement extending the March 4, 1980, preferential hiring rights and benefits for Claimant. It was also agreed that when a Machinist vacancy at Kansas City does exist, Claimant will be hired for the position
providing he can meet Carrier's physical standards.
On September 21, 1984, Claimant was notified that his position as
Water Service Repairman was abolished effective September 28, 1984. He now
contends that he should have been allowed to displace Machinist
R.
J. Taggart.
It is Claimant's view that he had a "revived" right to displace the Junior
Machinist after Claimant was laid off on September 28, 1984, since at all
times relevant, he was under the jurisdiction of the Machinist's Union.
After careful consideration of the record in its entirety and the
arguments presented by the parties, the Board agrees with the Carrier that
this Claim is not properly before the Second Division of the National Railroad
Adjustment Board. Several factors compel that conclusion. First, Claimant
was never hired by the Carrier for a position covered by its agreement with
the International Association of Machinists and Aerospace Workers. He was
hired on February 21, 1984, for a position covered by the Agreement with the
Brotherhood of Maintenance of Way Employes. When his position as Water Service Repairman was abolished on September 28, 1984, Claimant was not then entitled to displace a Machinist, as he does not hold seniority on the St. Louis
Southwestern Railway Company as a Machinist.
Form 1 Award No. 11361
Page 3 Docket No. 11140
2-SLSW-I-MA-'87
Second, to the extent the instant Claim is predicated upon the
con
tention that Claimant was denied his right to first hire under the Regional
Rail Reorganization Act of 1973, this Board has no jurisdiction as that Act
requires that an employee first submit his Claim to the Railroad Retirement
Board. See, Fourth Division Award No. 4419. From the record before us, it
appears that Claimant did not submit a Claim to the Railroad Retirement Board.
For those reasons, the Board has no jurisdiction over the dispute
involved herein and the Claim must be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: s
Nancy ',$WVer - Executive Secretary
Dated at Chicago,
Illinois,
this 21st day of October 1987.