Forth
1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 12772
Docket No. 12639
94-2-93-2-1
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(International Brotherhood of Electrical
( Workers
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Eastern Lines)
STATEMENT OF CLAIM:
~~1. That in violation of the controlling
agreement, at San Antonio, Texas, the Southern
Pacific Transportation Company (Eastern Lines)
improperly bulletined vacancy, failed to
provide or allow proper recall from furlough
and withheld Claimant, furloughed Senior
Maintenance of Way Electrician J. S. Crawford,
from service on or about November 12, 1991,
and thereafter, which is in violation of Rules
15, 24, 25 and 28.
2. That, accordingly, the Southern Pacific
Transportation Company (Eastern Lines) be
ordered to compensate Electrician J. S.
Crawford of San Antonio, Texas, for all
differences in rate of pay for all applicable
overtime, for all service and seniority
rights, vacation rights, payment of
hospitalization and medical benefits, group
disability insurance, all railroad
contributions and benefits, to make Claimant
whole."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved
in this dispute are respectively carrier and employee within the
meaning of the Railway Labor Act as approved June 21, 1934.
Form 1 Award No. 12772
Page 2 Docket No. 12639
94-2-93-2-1
This Division of the Adjustment Board has jurisdiction over
the dispute involved herein.
Parties to said dispute were given due notice of hearing
thereon.
Stripped of all its verbiage, and excluding new and
conflicting arguments that were made after the matter was appealed
to this Board, facts in this record, which the Board may properly
consider, demonstrate conclusively that Carrier, on or about
November 12, 1991, did not properly recall Claimant (a furloughed
employee) for a vacant assignment for which he was qualified, and
entitled to work by virtue of his seniority standing. Accordingly,
we find that the Agreement was violated and that Claimant is
entitled to the difference between what he earned and what he would
have earned, had the recall been properly accomplished.
AWARD
Claim sustained in accordance with the. Findings.
O R D E R
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant(s) be
made. The Carrier is ordered to make the Award effective on or
before 30 days following the postmark date the Award is transmitted
to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 17th day of November 1994.