Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11699
SECOND DIVISION Docket No. 11523
89-2-88-2-5
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen
PARTIES TO DISPUTE:
(Fruit Growers Express Company
STATEMENT OF CLAIM:
1. That the Fruit Growers Express Company (FGE) violated the
controlling agreement, specifically Rules 24 and 14, when they failed to
bulletin the newly created position at Bensonville (sic) Yard thereby denying
Carman McGrory the right to exercise his seniority in bidding on such position.
2. That the FGE Company be ordered to bulletin said position at
Bensonville (sic) Yard, posting said bulletin in the State Street Shop, thereby affording Cayman McGrory the opportunity--in accordance with the Agreement
and specifically Rule 24 (the Seniority rule)--to bid on said position."
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.
At issue here is whether the Parties Agreement requires vacancy
bulletins to contain certain specificity with respect to work location. For
some time prior to the issuance of the bulletin under review here Carmen in
the Chicago area were assigned to work at Carrier's State Street site. Occasionally they were dispatched, on an as needed basis, to the Soo Line Bensenville Yard to work on Carrier equipment. The amount of work at Bensenville,
seventeen miles distance from State Steeet, increased to the point where a
full time assignment was needed at that location. A new position of Mechanical Refrigeration Repairman was advertised, however, the bulletin stated the
work location as "Chicago, Illinois." One of the more junior employees was
the successful bidder. He was assigned to Bensenville.
Form 1 Award No. 11699
Page 2 Docket No. 11523
400
89-2-88-2-5
Claimant argues that if he had known that the work location would be
Bensenville he would have bid on the job. Carrier counters with a contention
that Bensenville and Chicago are both within the Chicago Seniority District
and that when a bulletin states Chicago as the location for a position
assigned at Bensenville the posting conforms with the seniority district of
the employees and that is all that is required.
The Agreement of the Parties requires that vacancy bulletins indicate
the location of the position advertised. While the term "location" need not
be so minutely defined or designated so as to indicate a specific work site
within a yard or repair track, and may properly encompass a large geographic
work area, we feel that as a minimum, though, "location" should at least be of
sufficient detail so as to designate the general facility at which the success
ful bidder will go on and off duty. The location for reporting on and off
duty may be just as important to potential bidders as the hours and rest days
of an assignment.. In this case the new job had a reporting location seventeen
miles distance from the reporting location of other jobs within the Chicago
Seniority District. It was located in Bensenville, Illinois not Chicago,
Illinois.
Accordingly, we agree with the Organization that the bulletin was
incorrect with respect to "Location." If the position is still in existence
we will order that it be rebulletined with a proper designation as to "Location." The Claim is sustained.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. Wr - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of March 1989.