Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13326
Docket No. 13151
98-2-96-2-53
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:
"1. That in violation of the governing Agreement, Rule 27 in
particular, Communications Department Electronic
Technician L.W. Reasoner was deprived of his right to bid
for a new position with the Burlington Northern Railroad
Company.
2. That a new position was in fact created, not properly
bulletined but was filled by appointment, thus violating the
governing Agreement, and;
3. That the Burlington Northern Railroad Company should be
directed to properly bulletin the new position in accordance
with the rules of the governing 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.
Form 1 Award No. 13326
Page 2 Docket No. 13151
98-2-96-2-53
Parties to said dispute were given due notice of hearing thereon.
The claim before the Board is that the Carrier "created" a new third trick
position of Electronic Technician, failed to bulletin it, and then filled it by the
appointment of one of the Carrier's Supervisors. The Claimant contends that he was
deprived of his right to bid on the "new position."
The record developed in this case is not very precise. It appears that the Carrier
established a new third trick Electronic Technician position and placed R. E. Rowe
("Rowe") in that position on September 1, 1994. It then contacted other employees to
fill Rowe's vacancy, resulting in the assignment of Electronic Technician R. A. Bergeron
("Bergeron") into the position vacated by Rowe. The position vacated by Bergeron then
was bulletined and filled.
The Board is unable to ascertain from the evidence developed on the property
what Agreement provisions were violated.
In summary, the Organization has not met its burden of proof for the claim.
AWARD
Claim denied.
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 September 1998.