Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11546
SECOND DIVISION Docket No. 11214-I
88-2-86-2-8
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Wallace E. Hill, Jr.
PARTIES TO DISPUTE:
(Seaboard System Railroad
STATEMENT OF CLAIM:
I claim that, on January 14, 1984, Mr. J. T. Williams, Director of
Labor Relations Seaboard System Railroad and Mr. C. A. Meredith, General Chairman, I.B.E.W. Council No. 6, violated the controlling agreement when they
changed W. E. Hill, Electrician, seniority date from July 1, 1974 to October
31, 1978.
The above parties are in violation of rule 145 and other pertinent
rules. W. E. Hills' seniority date of July 1, 1974 was established by prior
protest to Mr. John M. Sale, Director Labor Relations, Louisville Nashville
Railroad on January 7, 1982. The original protest was filed October 21, 1981
because the Carrier had not allowed the Claimant equal opportunity other men
hired had, when hired by Louisville Nashville Railroad. Claimant had four
years electrical experience prior to being hired by Mr. Key, Employment Officer for LNRR which he was not given credit for at time of hire.
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 were given due notice of hearing thereon.
In this dispute, the Claimant contends that the parties violated the
Agreement when they changed his seniority date from July 1, 1974 to October
31, 1978.
The Board has carefully reviewed the voluminous record developed by
the parties concerning the Claimant's Claim. We have also carefully considered and studied the Claimant's well-reasoned comments before us. Certainly, given the sequence of events which occurred and the changes made with
Form 1 Award No. 11546
Page 2 Docket No. 11214-I
88-2-86-2-8
respect to the Claimant's seniority date, the Board understands the Claimant's
Ifto
belief that his seniority date should be reestablished as of July 1, 1974.
However, for the reasons as mainly advanced by the Carrier, we conclude that
the issue at dispute has been settled by the parties and we have no basis,
given the facts before us, to alter the settlement agreed upon by the parties.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: . _ _
00-1
ancy J.
,Pew-
Executive Secretary
Dated at Chicago, Illinois, this 31st day of August 1988.