Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11717
SECOND DIVISION Docket No. 11618-I
89-2-88-2-123
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Joseph T. Wurth
PARTIES TO DISPUTE:
(Paducah and Louisville Railway, Inc.
STATEMENT OF CLAIM:
On February 8, 1988 the machinist seniority roster, dated 1/1/88 was
posted. V. D. Johnson was placed out of sequence and ahead of me on this roster with respect to the roster dated 1/1/87, and on every roster previously
posted since the P & L began operation. Rule 14 (b) states; "The roster will
be revised and posted in January of each year and will be open to protest (for
errors associated with the new roster only) for a period of thirty days from
the date of posting and upon presentation of prof (sic) of error by an
employee, or-his.representative, such errors shall be corrected." This rule
has been violated. I will request in my submission that the machinist
rosters, now and in the future, be corrected to reflect the order as the 1987
machinist roster.
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.
On or about March 23, 1987, certain alleged errors in posted seniority rosters were brought to Carrier's attention by Machinist's representatives. These errors were corrected. In effecting these corrections Claimant's roster standing was altered. It is this change in roster position that
is the genesis of this Claim.
Upon examination of the entire record in this matter we are persuaded
that the errors in posted seniority rosters were timely registered and corrected in accordance with the provisions of the Agreement. Moreover, there is no
basis, under the Agreement, to grant the relief Claimant now requests.
The Claim will be denied.
Form 1 Award No. 11717
Page 2 Docket No. 11618-I
89-2-88-2-123
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
agncy J. v -Executive Secretary
Dated at Chicago, Illinois, this 26th day of April 1989.