Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 12929
Docket No. 12863
95-2-94-2-3
The Second Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(International Brotherhood of Firemen
( and Oilers
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former
( Seaboard Coastline Railroad)
STATEMENT OF CLAIM:
"1. That the CSX Transportation, (formerly
Seaboard Coastline Railroad Company), violated
the terms of the Labor Agreement when it
failed to call E.I. Everett (Claimant) on
March 1, 1993 to fill a vacancy of the
"Traveling Service Supplyman".
2. That the CSX Transportation (formerly Seaboard
Coastline Railroad Company), be ordered to
compensate Mr. E.I. Everett (Claimant) 8 hours
at the time and one-half rate which is the
amount of compensation he was denied because
of the Carrier's improper application of the
presiding agreement."
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.
This Division of the Adjustment Board has jurisdiction over
the dispute involved herein.
Parties to said dispute were given due notice of hearing
thereon.
Form 1 Award No. 12929
Page 2 Docket No. 12863
95-2-94-2-3
This is a companion case to that addressed in Second Division
Award 12928. In this claim, the Organization seeks eight hours of
compensation at the time and one-half rate for Claimant, the second
shift Traveling Service Supplyman (TSS) in Tampa, Florida, after
Carrier blanked the position of first shift TSS on March 31, 1993.
The instant dispute differs from that in Second Division Award
12928 only in that the incumbent in the position on March 31 was
absent due to vacation, as opposed to personal illness.
Upon a complete review of the record, this Board finds that
its decision in Second Division Award 12928 is applicable here as
well. We concluded in that instance that Carrier was not obligated
to temporarily fill a position vacant because of the absence of the
regularly assigned employee. Here, Carrier cites Section 12 (b) of
the Vacation Agreement in effect between the parties:
"As employees exercising their vacation privileges will
be compensated under this agreement during their absence
on vacation, retaining their other rights as if they had
remained at work, such absences from duty will not
constitute vacancies' in their positions under any
agreement."
We further note the permissive language of this clause, which
indicates that:
.. when the position of a vacationing employee is to be
filled and regular relief employee is not utilized,
effort will be made to observe the principle seniority."
The Board also concluded in Second Division Award 12928 that
there was no showing of what work, if any, was performed by another
Craft. That deficiency exists in this case as well. Based upon
prior reasoning, this claim must be denied.
AWARD
Claim denied.
Form 1 Award No. 12929
Page 3 Docket No. 12863
95-2-94-2-3
ORDER
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant(s) not
be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 16th day of August 1995.