Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11675
SECOND DIVISION Docket No. 11446
89-2-87-2-87
The Second Division consisted of the regular members and
in addition Referee Marty E. Zusman when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
1. That the Union Pacific Railroad Company violated the controlling
agreement, Schedule of Rules dated November 1, 1976, on the date of January
21, 1986, particularly Rule 27 and Carrier's Proposal No. 6 when they failed
to notify the General Chairman and hired a new employe while furloughed electricians were available for work.
2. That accordingly, the Union Pacific Railroad Company be ordered
to compensate senior furloughed Electrician M. A. Tockey, MP&M Department,
from the date Signalman A. J. Barton was hired in an equal amount earned by
Mr. Barton plus interest at the prime rate and continuing to earn the prime
rate until correction has been made.
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.
In the instant dispute the essential facts are not contested. The
Organization and Carrier agree that a temporary vacancy existed for a Maintenance of Way Department Electrician at Green River, Wyoming. Carrier filled
the vacancy with a furloughed Signalman at that location, rather than with
Claimant who was a furloughed Mechanical Department Electrician at North
Platte, Nebraska.
The Organization throughout its claim on the property and in its
Submission before this Board contends that Rule 27 and Carrier's Proposal No.
6 were violated when Carrier used a new employee without applicable training
and qualifications to do its work. As it stated: "A signalman does not
automatically qualify as an Electrician... to use one in place of the other
merely because they are in furloughed status carries no weight whatsoever."
It contends that Rule 27 was violated. On this point, we must find for the
Form 1 Award No. 11675
Page 2 Docket No. 11446
89-2-87-2-87
Carrier. Rule 27 does not relate to temporary vacancies and does not require
(as evidenced by Appendix 20) the Carrier to utilize Claimant. In addition, a
careful reading of the language of Proposal No. 6 does not support the Organization in the instant case. There is insufficient probative evidence of past
practice in the record to support the Organization's interpretation of the
meaning of those Rules.
As this Claim was advanced to its final stages on the property other
Rules surfaced. While the entire Agreement is before this Board to give
substance and understanding to the Claim, the claim asserts a violation of
Rule 27 and Carrier Proposal No. 6. Rule 29 refers to reducing forces and
Rule 19 to jurisdictional disputes. The instant case revolves around a temporary vacancy. Finding no explicit language limiting Carrier from filling
the temporary vacancy as it did, and under these particular circumstances, we
must deny the Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD _
By Order of Second Division
Attest:
Nancy J. D - Executive Secretary
Dated at Chicago, Illinois, this 15th day of March 1989.