Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11522
SECOND DIVISION Docket No. 11255
88-2-86-2-58
The Second Division consisted of the regular members and in
addition Referee Raymond E. McAlpin when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
The I.B.E.W. of Local 784 is submitting a claim in accord with Rule
4-P-1(a) and (i) of the May 1, 1979 Agreement between the Consolidated Rail
Corporation and the I.B.E.W. as follows:
1. Two Radio Maintainer positions have been assigned at Columbus,
Ohio-Southern region, Consolidated Rail Corporation in violation of the
procedural provisions of the Rule 2-A-1 (a) and (b) of the May 1, 1979
Agreement.
2. That the above Radio Maintainer positions were assigned to Radio
Maintainers of Seniority District No. 4 in violation of the controlling Agreement.
3. That senior furloughed Radio Maintainers of Seniority District
No. 7 and the System Radio Maintainers Roster were denied their rights to bid
on the two (2) Radio Maintainer positions at Columbus, Ohio, in violation of
the controlling Agreements.
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 Organization claimed violation of Rules 2-A-1 (a) and (b) and
4-P-1 when the Carrier assigned radio maintenance positions to two District 4
employees instead of District 7 employees who were furloughed. The Organization stated the Carrier awarded the bulletin jobs without informing the
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Award No. 11522
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Claimants. The Claimants hold more seniority than those who were awarded the
position. The Claimants were on furloughed status and, therefore, did not
know of. the bid. There are rules for furloughed employees. The Carrier did
not comply with those rules.
The Carrier stated it has a systemwide roster, and both jobs were
bulletined in accordance with the rules. The Organization wants the Carrier
to furnish bulletins to all furloughed employees which is not required by the
rule. It is a principle in arbitration that you cannot get through arbitration what you failed to get through negotiation. In addition, the Carrier
noted there is no monetary claim and, therefore, no remedy. The Carrier also
contended that the claim was not specific in that it cited 5 radio maintainers
and yet only two positions were involved.
The Board finds that Rule 2-A-1 does not require that the Carrier
provide copies of the bulletins to those employees who are on furlough. That
Rule is reproduced below:
Rule No. 2--Selection of Positions
"2-A-1. (a) When new positions are created
or vacancies occur, the senior employees in the
seniority district in which the position is
advertised shall, if sufficient ability is shown
by trial, be given preference in filling such
new positions or vacancies that may be desirable
to them. Where a position involves air brake
work, welding, reflectoscope, high voltage work,
magnaflux, radiograph, a nonwritten examination
or test may be required as a prerequisite to
assignment to the position of an employee who
has not previously been qualified on such work
by performance or otherwise; an employee bidding
for or seeking to displace on such a position
shall upon request be promptly given an opportunity to take such examination or test.
(b) New positions and all vacancies will be
advertised within fourteen (14) calendar days
from the date they occur, for a period of seven
(7) calendar days. Advertisements will be
bulletined on Wednesday and will designate the
position number (if numbered), location, prior
seniority district, tour of duty, rest days,
rate of pay and major duty to be performed;
vacancies will also indicate the name of the
last incumbent. (Note: If Wednesday is a
holiday the bulletin will be issued the following day.)
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Award No. 11522
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88-2-86-2-58
An advertisement may be cancelled at any time
prior to award being made. In the event an advertisement is cancelled, notice to that effect,
and the reason therefor, will be posted on bulletin boards on which the advertisement appeared
and the interested local committee will be furnished a copy.
Award will be made and bulletin announcing
the name of the successful applicant will be
posted within ten (10) calendar days after the
close of the advertisement. This rule will not
be construed to require the placing of employees
on their awarded positions, when properly qualified employees are not available to fill their
places, but such transfers must be made within
twelve (12) calendar days from effective date of
award.
When an employee is awarded a position he
will be compensated at the rate of the position
he is awarded from the effective date of the
award. Copy of the bulletin and award will be
furnished the interested local committee."
There is a systemwide roster in existence, and the positions were
awarded to the two senior employees who bid on the position; therefore, the
Carrier did not violate any existing rule and the claim must be denied.
A W A R D
Claim denied.
Nancy . er - Executive Secretary
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 3rd day of August 1988.