Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13327
Docket No. 13172
98-2-96-2-76
The Second Division consisted of the regular members and in addition Referee
Eckehard Muessig when award was rendered.
(Ronald M. Tralli
PARTIES TO DISPUTE:
(Metro-North Railroad
STATEMENT OF CLAIM:
"Claim is made in favor of Ronald M. Tralli for proper placement on the
Substation Department seniority roster, ahead of R. Ranallo and R.
Funigiello, when claimant's transfer within the Power Department, from
Third Rail to Substations, was improperly delayed by the Carrier."
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.
The Claimant has progressed a claim to this Board in which he contends that his
seniority was adversely affected because the Carrier delayed abolishing his third
Railman's position located in the Third Rail Division of the Power Department. He
contends that because of the delay, he was not able to transfer to the Substation Division
of the Power Department before two Cable Splicers, who had less service on the railroad
than he, transferred to the Power Department where they now have superior seniority.
Form 1 Award No. 13327
Page 2 Docket No. 13172
98-2-96-2-76
Before addressing the claim, the Board notes that the Claimant was represented
at the Hearing before the Board by his Organization. However, no one represented the
Carrier to present oral arguments.
The Board has carefully reviewed the documentary evidence submitted by the
parties. On the basis
of
this review, we conclude that the claim must be denied.
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.