Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11851
SECOND DIVISION Docket No. 11613
90-2-88-2-129
The Second Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(The Baltimore & Ohio Railroad Company)
STATEMENT OF CLAIM:
1. That the Baltimore and Ohio Railroad Company violated the controlling Agreement, specifically Rule 28, when on the date of April 14, 1987 the
Carrier ordered Cayman from another seniority point to perform the work previously performed by the Claimant. The Claimant has been monetarily and contractually deprived under the provisions of the controlling Agreement between
the Brotherhood of Railway Carmen of the United States and Canada and the
Baltimore and Ohio Railroad Company.
2. That accordingly, the Carrier be ordered to compensate the Claimant for all monetary losses suffered as a result of such violation, such
losses to the extent of eight (8) hours pay at the Carmen's straight time
rate, on account of Carrier's violation of Rule 28 of the controlling agreement as amended, on the date of April 14, 1987.
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 employer involved in this
dispute are respectively carrier and employer 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 record, Claimant was furloughed and held seniority at
Punxsutawney, Pennsylvania. There is no dispute that on April 14, 1987,
Cayman Baysura, who held seniority at Butler, Pennsylvania, (another seniority,
point) was ordered to assist a Punxsutawney Cayman in the oiling of journal
boxes and putting air hoses on cars stored on the Indiana Branch. Inasmuch as
the furloughed Claimant was not recalled to assist on the stored cars, the
Organization filed a Claim in his behalf.
Form 1 Award No. 11851
Page 2 Docket No. 11613
90-2-88-2-129
The Organization argues that the Carrier's assignment of the Butler
Cayman was a violation of Rule 28 of the Agreement. In challenging the
Carrier's action, it argues that the governing Rule reserves the work on the
Indiana Branch to-the seniority of the Punxsutawney Carmen. Accordingly, the
Claimant was deprived of work that was reserved under the Agreement.
The Carrier argues that the amount of work was minimal, that the
assignment of the Butler Cayman did not violate the Agreement, and that said
work was not assigned by Rule to the Punxsutawney Carmen. The Carrier's
position in this matter is that it may use employees on duty, rather than
recalling furloughed employees for small amounts of work. It further argues
that it may use employees from either or both Punxsutawney and Butler as the
Agreement does not reserve Indiana Branch work to any specific seniority point.
The Board finds from the record that the Carrier has not violated the
Agreement for the following reasons. First, the Agreement does not grant
Punxsutawney Cayman rights to Indiana Branch work. Second, the Agreement consolidates Butler (11) and Foxburg (19) as one seniority point and leaves
Punxsutawney as a separate seniority point (12). Rule 28 states that seniority is confined to the point employed, which in the instant case is Punxsutawney and not the Indiana Branch.
There is a lack of proof that the governing Rule reserves the work on
the Indiana Branch to the seniority of Punxsutawney Carmen. There is no probative evidence and contractual language on point with the instant circumstances. We also note that the Organization does not dispute-Carrier's
argument that it "retains the right to utilize employees already on duty"
rather than recalling furloughed employees for a small amount of work. For
the above reasons the Claim is denied (Second Division Awards 11325, 11324,
11085, 10938, 10800).
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy ver·- Executive Secretary -
Dated at Chicago, Illinois, this 16th day of May 1990.