Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13616
Docket No. 13514
01-2-99-2-120
The Second Division consisted of the regular members and in addition Referee
Martin H. Malin when award was rendered.
(Brotherhood of Railway Carmen Division/
( Transportation Communications International Union
PARTIES TO DISPUTE:
(Union Pacific Fruit Express Company
STATEMENT OF CLAIM:
"Claim of the Committee of the Union that:
1. Union Pacific Freight Express Company (hereinafter referred to as
the Company or UFPE) was in violation of Rule 9, `Filling New Jobs
or Permanent Vacancies', Rule 14 `Seniority', Rule 15 `Exercise of
Seniority', and Appendix 6, Section III, Paragraph 4(b) `Training
Program'
2. The UFPE Company violated the agreement October 27,1998 when
it did not award Carman Welder (CW 61) on Bulletin number 813
dated November 10, 1998 to the oldest employee in the Carmen
group Mr. D. L. Poe the Claimant who bid on the position and.
3. The UFPE Company violated the agreement October 27,1998 when
it did not award Carman Welder (CW 81) on Bulletin number 813
dated November 10, 1998 to the oldest employee in the Carmen
group Mr. S. L. Mitchell the Claimant who bid on the position and.
4. Stop forcing Carmen who CMR qualified to CMR positions, and to
recognize that it is necessary to train a sufficient number of
employees for Mechanical Refrigeration Repairmen work.
5. Allow the Claimant to place himself on Carman welder position
CW83 that he bid.
Form 1 Award No. 1361,6
Page 2 Docket No. 135114
01-2-99-2-120
6. Compensate all employee's losses accrued by these violation's of the
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.
Parties to said dispute were given due notice of hearing thereon.
The Claimants are Carmen Welders who are qualified as Carman Mechanical
Refrigeration Repairmen (CMRR). On October 20, 1998, the Carrier put the
Claimants' carmen welder positions up for bid, along with two CMRR positions. The
Carrier received no bids on the CMRR positions and forced assigned the Claimants to
those positions because the Claimants were the most junior employees who were CMRR
qualified. The Carrier accepted the bids of two employees who were junior to the
Claimants but who were not CMRR qualified for the Claimants' former carmen welder
positions.
Our review of the record fails to disclose any evidence that the Claimants suffered
any detriment as a result of the Carrier's actions. It is undisputed that the CMRR
positions have a higher rate of pay than the carmen welder positions. There is no
evidence that the Claimants suffered a loss of overtime or other work opportunities or
that they suffered any other detriment, such as a forced change in work hours.
Accordingly, we are unable to find that this case presents a live controversy. The Board
does not render advisory opinions. Therefore, the claims must be dismissed.
Form 1 Award No. 13616
Page 3 Docket No. 13514
01-2-99-2-120
AWARD
Claim dismissed.
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 4th day of June, 2001.