Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No- 12192
SECOND DIVISION Docket No. 12067
91-2-90-2-244
The Second Division consisted of the regular members and in
addition Referee Barry E. Simon when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(Chesapeake and Ohio Railway Company)
STATEMENT OF CLAIM:
1. That the Chesapeake & 0!r?o Railroad Company (CSX Transportation,
Inc.) (hereinafter "carrier") violate~? the provisions of Rule 27 of the Shop
Crafts Agreement between Transportation Communications International Union -
Carmen's Division and the Chesapeake & Ohio Railroad Company (CSX Transportation, Inc.)(revised June 1, 1969) and the service rights of Carman Clinton
Evans (hereinafter "claimant") when beginning on July 7, 1986 through July 18,
1986 the carrier did not allow the claimant to work these dates when he was
furloughed.
2. That, accordingly, the claimant is entitled to be compensated for
ten (10) days, eight (8) hours each at the applicable T.V.R. rate for the
carrier's violation of the aforementioned Agreement Rule.
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.
For the period July 7 through 18, 1986, Carrier closed down much of
the Raceland Car Shops for vacation. The Triple Valve Repair (TVR) Room,
where air brake valves are repaired, continued to work, however. Employees
who were not eligible for paid vacation, such as Claimant, were placed on
furlough status during the shutdown. Two employees in the TVR Room also took
vacation during this time, resulting in two positions which were filled by
employees junior in seniority to Claimant. The Organization contends Claimant
should have been allowed to fill one of these positions instead of being furloughed.
Form 1 Award No. 12192
Page 2 Docket No. 12067
91-2-90-2-244
In arguing its position, the Organization chiefly relies upon Rule
27, which reads, in pertinent part, as follows:
"(a) When it becomes necessary to reduce expenses, the force at any point, or in any department
or subdepartment thereof, shall be reduced, seniority
to govern as follows:
A. One seniority for machinists.
B. One seniority for boilermakers.
C. One seniority for blacksmiths.
D. One seniority for sheet metal workers and
pipefitters.
E. One seniority for eieecricians.
F. Four subdivisions of the carmen as follows:
(1) Patternmakers.
(2) Upholsterers.
(3) Painters.
(4) Other carmen.
G. Helpers will hold their seniority in the
respective departments or trades above
listed."
The Carrier, on the other hand, relies upon Rule 60-1/2, which reads,
in pertinent part, as follows:
"(a) The exercising of seniority to displace
junior employes, which practice is usually termed
'rolling' or 'bumping', will not be permitted, except
that when forces are adjusted or reduced, the men on
positions abolished shall have the privilege of displacing any man of his craft junior to him on any
shift, provided the man exercising his seniority is
qualified, by making written application to official
in charge, with copy being given to local chairman,
within 24 hours from notice of such abolition of
position. Employes thus displaced will have the
privilege of exercising seniority in the same manner." (Emphasis added)
The circumstances herein are similar to those addressed in Second
Division Award 12182. The Carrier has the right under Rule 27 to furlough
employees in one department while not furloughing employees in another department. Under Rude 60-1/2, a senior furloughed employee would have the right to
displace an employee with less seniority, provided the employee exercising
seniority is qualified for the job. As we held in the case cited above, the
burden is on the Organization to demonstrate Claimant was qualified for the
position in question.
The only indication in the record that Claimant might possess the
requisite qualifications is the assertion his apprenticeship training included
work in the TVR Room. This is insufficient to allow this Board to overrule
Carrier's determination Claimant was not qualified.
Form 1 Award No. 12192
Page 3 Docket No. 12067
91-2-90-2-244
As we find no violation of the Agreement, the claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
00-01
Attest:
Na
cy
J. -Executive Secre ary
Dated at Chicago, Illinois, this 6th day of November 1991.