Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13210
Docket No. 13223
98-2-96-2-135
The Second Division consisted
of
the regular members and in addition Referee
Eckehard Muessig when award was rendered.
(Brotherhood Railway Carmen, Division
of
( Transportation Communications International Union
PARTIES TO DISPUTE:
(Delaware and Hudson Railway Company, Inc.
STATEMENT OF CLAIM:
"Claim
of
the Committee
of
the Union that:
1. That the Delaware and Hudson Railway Company, (Division
of CP
Rail) hereinafter 'Carrier' violated the provisions
of
our agree
ment, in particular Rule 22, when the Carrier allowed four (4)
employees to accrue seniority that they are not entitled. Thus,
denying senior employees their service rights.
2. That, accordingly, the Delaware and Hudson Railway Company be
ordered to adjust and otherwise allow the Capital District prior
rights employees J. E. Kinsey, R. J. Beauregard, D. A. MacMillan,
D. Robinson, L. St. Gelais and R. Frazier, hereinafter `Claimants'
to utilize their seniority rights to bid positions, displacement rights
and vacations, as provided for in our collective agreement and sub
stantiated in the agreed upon implementing 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.
Form 1 Award No. 13210
Page 2 Docket No. 13223
98-2-96-2-135
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice
of
hearing thereon.
Simply stated, the Claimants here followed their work from Rouses Point and
Fort Edward, New York. to Saratoga Springs, New York. The Carmen who were
transferred had their seniority rights dovetailed into the Saratoga Carmen's seniority
roster. The basic concern of the Claimants is that dovetailing the seniority roster
affected the rights of employees at Saratoga, New York.
Arguments have been made that this claim should be denied because it was not
filed in a timely manner. The Board finds, without addressing the procedural arguments,
that this claim should be settled on its merits.
Prior to the transfers at issue here, the parties executed Implementing
Agreements to facilitate the orderly transfer
of
employees. The pertinent part
of
Section
4 of these Agreements reads as follows:
"Employees transferring to Saratoga Springs have their
Carman seniority date dovetailed into the D&H system
seniority roster, retaining prior rights at the points from
which transferred."
We find, as did the former General President
of
the Organization, Mr. Robert P.
Wojtowicz, when he stated in his letter
of
October 13, 1995 to the General Chairman
of
the New England JP13 No. 40 that "I don't know how you can be confused by this
language, it is clear and unambiguous and so states in the aforementioned Section 4."
The Board also notes that the referred to Section 4 language and the notion of
dovetailing is commonly used in matters such as these.
AWARD
Claim denied.
Form 1 Award No. 13210
Page 3 Docket No. 13223
98-2-96-2-135
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 I lth day of February 1998.