Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13320
Docket No. 13046
98-2-95-2-69

The Second Division consisted of the regular members and in addition Referee Eckehard Muessig when award was rendered.

(International Brotherhood of Electrical Workers ( System Council No. 16 PARTIES TO DISPUTE: (Burlington Northern Railroad

STATEMENT OF CLAIM:








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.
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This Division of the Adjustment Board has jurisdiction over the dispute involved herein.



In this dispute, the Claimant contends that he was given an improper seniority date. To resolve this dispute, it is instructive to review certain portions of the Claimant's employment history, as shown by the on-the-property record:




















The Claimant seeks to have a seniority date of August 2.1, 1992, rather than Februarv 22, 1993.
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The Organization argues that, had it not been for the on-the-job injury, the Claimant would have had a seniority date of August 24, 1992, as he claims. It submits that Rule 25 Seniority Paragraph (t) applies in this case. Paragraph (t) reads as follows:


The Carrier, on the other hand, argues that Rule 25(g) is governing in this matter. That paragraph reads as follows:


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The Claimant obtained his Electronic Position under the provisions of Rule 25(g). That Rule, in pertinent part, provides that employees will "establish seniority in accord with the provisions of Rule 27."


Rule 27(b) noted previously, in relevant part, states "in the event no bid is received from an employee in the class in which the vacancy occurs the senior qualified employee in the next lower class bidding for same will be assigned and will establish a date in such higher class as of the date he first performs service therein provided he works on the position at least sixty (60) calendar days."


Therefore, an employee obtaining a position in a higher class will establish seniority in that class on the date that he first performs service. This is the situation that applies to the Claimant. The Claimant first performed service as an Electronic Technician on February 22, 1993 and, thus, established seniority in that class on that date. Counting back to establish seniority as provided by Rule 25(f) is applicable only when the employee completes the apprenticeship training program. This did not happen in this case. The Claimant obtained his Electronic Technician position, not because he completed an apprenticeship, but because he passed an entrance examination and obtained an FCC license pursuant to Rule 25(g).




      Claim denied.


                        ORDER


This Board, after consideration of the dispute identified above. hereby orders that: an award favorable to the Claimants) not be made.


                        NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division


                        Dated at Chicago, Illinois, this 16th day of September 1998.