Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12060
SECOND DIVISION Docket No. 12008
91-2-90-2-156
The Second Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(Chesapeake and Ohio Railroad Company
STATEMENT OF CLAIM:
1. That the service rights of Carman Janice E. Harris and Rule
27 1/2 of the Shop Crafts Agreement were violated account Harris was not
permitted to participate in the relief work at Russell, Kentucky in accordance with the provisions of Rule 27 1/2 of the controlling Agreement.
2. Accordingly, Harris is entitled to be compensated eight (8) hours
pay at the Carmen's rate for the date January 26, 1987 and for each date thereafter where a carmen craft employe with less seniority than Harris was assigned to work under the provisions of Rule 27 1/2 at Russell.
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.
After the Claimant was furloughed from Raceland Car Shops in November
1986, she applied for work at Russell, Kentucky, under Rule 27 1/2.
Subsequent to familiarization visits to the facility in January 1987,
she was required to take a return-to-work physical in accordance with normal
procedures. When the Carrier determined that she was medically qualified to
perform the duties, it took three (3) telephone calls to contact her with that
advice so that she could then officially file her request. Thereafter, the
Carrier attempted to contact her for work on three (3) occasions, but was
never able to reach her.
Form 1 Award No. 12060
Page 2 Docket No. 12008
91-2-90-2-156
A local Agreement provides that failure to reach an employee for work
on three (3) consecutive occasions results in the employee being dropped from
the list until he or she reapplies in writing. Thus, we find no Agreement violation in this case.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 15th day of May 1991.
'-Wo~