Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12035
SECOND DIVISION Docket No. 11651
91-2-88-2-148
The Second Division consisted of the regular members and in
addition Referee Lamont E. Stallworth when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM:
1. Grievance of Electrician H. E. Bryant, Beech Grove, Indiana,
identified as National Railroad Passenger Corporation File No. CHG-IBEW-342
and IBEW-TC-595/H. E. Bryant.
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.
This case involves the proper placement of the Claimant on the seniority roster after the completion of his apprentice program. The Claimant is
employed at Beech Grove, Indiana. He entered the Electrician Apprenticeship
Program on June 11, 1984, and completed it on May 19, 1986, at which time he
was assigned a seniority date of July 3, 1984.
In February 1987, the Claimant submitted a letter protesting the
seniority date assigned him. He objected to the fact that partial days of
work missed by him during his apprenticeship were totaled and then subtracted
from his seniority date. The dispute centers around Article V of the joint
Apprenticeship Agreement, which states in relevant part:
Form 1 Award No. 12035
Page 2 Docket No. 11651
91-2-88-2-148
"Seniority
A. A regular apprentice indentured on or after the
effective date of this Agreement shall, upon com
pletion of his apprenticeship, be given a seniority
date as a journeyman mechanic retroactive 732 working
days from the date of such completion, but not prior
to his date of indenture.
C. In counting back the 732 working days ...all
normal working days at the shop in question which
were available to be worked and actually worked
(whether full days of work or not) plus his paid
holidays and vacations with pay, shall be counted.
Days not worked because of any reason shall not be
counted."
The Board concludes that the language of Article V, especially when
interpreted in conjunction with Article II, is somewhat ambiguous. The
language of Article V states that all normal working days which were actually
worked, whether full days of work or not, shall be counted. Here, the Carrier
did not count as full days any days in which the Claimant missed any hours.
Instead, the Carrier totaled the number of hours missed, determined how many
days they comprised, and subtracted that number from t'ne total number of days
worked. The Carrier interpreted this language to mean that all days actually
worked would be counted, but partial days would be counted as partial. In
contrast, the Organization reads this language as permitting an apprentice to
receive full credit for every day in which he worked either a full day or part
of the day.
In interpreting an agreement this Board and other neutral bodies
assume that the Parties intended every phrase to have meaning, and the Organization suggests that only by adopting its interpretation would the phrase
regarding full or partial days have meaning. However, the phrase could have
been inserted to insure that an apprentice received some credit for working a
partial day, and that credit would be apportioned according to the amount of
time he worked.
The strongest support for the Carrier's position is found in Article
II of the Agreement, which states: "A regular apprentice shall serve six periods of 122 eight hour days." This section strongly suggests that the Parties
had in mind full eight-hour days when they referred to the 732 days later in
the Agreement in Article V.
The Carrier has argued that if the Board adopts the interpretation
offered by the Organization, an apprentice could work far less than the 732
days required, simply by regularly missing part of a day every week. This
would cause a direct contradiction to the result in Article II, and it does
not seem likely that the Parties would have intended the language of Article V
to be in direct contradiction to the language of Article II.
Form 1
Page 3
Award No. 12035
Docket No. 11651
91-2-88-2-148
Although the Board believes that the Carrier's interpretation of the
language of Article V makes it most consistent with Article II, any ambiguity
can be resolved by reference to past practice. Although the Organization
asserts that the Carrier has not proven that this method has been applied to
determine hundreds of employees' seniority dates, neither does the Organization directly refute this contention. Therefore, the Board concludes that it
is an accurate reflection of the way the Parties have interpreted the language
before us.
Even if a new system would not cause a total overhaul of the seniority rosters, as the Carrier suggests, the effect of imposing a new system
after eleven years of a former system could cause considerable unrest and loss
of morale among the workforce. Such a change is not warranted, given the
language of the Agreement and the evidence concerning the way the Parties have
interpreted that language.
A W A R D
Claim denied.
Nancy J.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Executive Secretary
Dated at Chicago, Illinois, this 1st day of May 1991.