Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13382
Docket No. 13275
99-2-97-2-46
The Second Division consisted of the regular members and in addition Referee
Robert L. Hicks when award was rendered.
(Brotherhood Railway Carmen, Division of
( Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Baltimore &
( Ohio Railroad Company)
STATEMENT OF CLAIM:
"Claim of the Committee of the Union that:
1. Carman P.M. Davidson was disallowed the opportunity to avail
himself to a preferential position which was assigned to a junior
employee in violation of Rule 8 and 15 of the controlling Agreement.
2. That the Carrier be ordered to compensate Carman P.M. Davidson
three (3) hours, at the Carman's time and one-half rate of pay in
effect on January 24, 1996, account this blatant contractual
violation."
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. 13382
Page 2 Docket No. 13275
99-2-97-2-46 )
Parties to said dispute were given due notice of hearing thereon.
During the first shift on January 24, 1996, the Carrier found itself short at least
two employees. Because the vacant positions were deemed must-fill, the Carrier asked
for volunteers, but no one, including the Claimant, responded. The Carrier then
reassigned two day shift employees to the vacancies. The Claimant was one of the two
reassigned.
The claim before the Board is not because the Carrier blanked positions and
realigned its day force on a temporary basis to cover the unexpected vacancies, bust
because the Claimant was not assigned to the vacancy that ultimately worked three
hours overtime.
The Board finds that no violation occurred. The Carrier asked for volunteers.
The Claimant remained mum when he could have volunteered to fill the vacancy that
worked overtime, rather than the one he ultimately worked. Furthermore, at the time
the employees were reassigned, the Carrier had no idea that the position in question
would work three hours overtime.
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 12th day of April 1999.