Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13698
Docket No. 13562
03-2-00-2-40,
The Second Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Railway Carmen Division
( Transportation Communications International Union
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM:
"Claim of the Committee of the Union that:
1. The Springfield Terminal Railway Company violated the terms of
our current agreement, in particular Rules 8 and 9 when they
arbitrarily placed new and different designations to the 1999
Carman System Seniority Roster which were not negotiated nor
agreed to in the collective agreement, signed on December 4, 1995.
2. That accordingly, the Springfield Terminal Railway Company be
ordered to reinstate the System Seniority Roster, by removing the
designations and restrictions, to reflect no changes other than those
agreed to by both parties."
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. 13698
Page 2 Docket No. 13562
03-2-00-2-40
Parties to said dispute were given due notice of hearing thereon.
Upon negotiation of the 1995 Agreement, the Carrier issued the Carman System
Seniority Roster. In addition to the prior rights designations of "B" (for Boston and
Maine) and "M" (for Maine Central), that roster identified Carmen with painting
experience in addition to Carman experience with an asterisk (*). The "current status"
of the employees identified with an asterisk is that of "Carman." That same format was
followed for the 1996, 1997 and 1998 rosters.
Aside from listing "B" and "M" for prior rights, the 1999 roster showed
designations of an asterisk ("*") for "Prior Rights Painter"; a pound sign ("#") for
"Carman & Painter; and a double asterisk ("**") for "Painter." This claim followed
with the Organization protesting the different designations from the prior rosters. The
Organization asserted that 'Warman & Painter" and ""Painter" should be removed
from the roster.
The relevant Rules provide:
"Rule 8. Seniority
8.1 Employees' seniority will consist of Prior Rights Seniority and
System Seniority.
(a) Prior Rights Seniority
Employees who hold prior rights to Maine Central Railroad
or Boston and Maine Corporation work on the effective date
of this Agreement will retain such rights.
(b) System Seniority Rights
Employees will have rights to work throughout the
Springfield Terminal Railway Company System. System
seniority will be based upon Carman seniority date.
Form 1 Award No. 13698
Page 3 Docket No. 13562
03-2-00-2-40
Rule 9. Seniority Roster
9.1 A Single Roster of employees will be created. Employees will be
listed based upon Carman seniority date as that date appears on the
prior rights roster, if applicable, or the system roster in the case of
non-prior rights employees. Entered service date will also be
shown. Prior rights will be designated as follows:
B = Boston and Maine Corporation Prior Rights
M = Maine Central Railroad Prior Rights
Multiple employees entering the craft on the same date with the
same standing with the Carrier will be placed on the roster in
alphabetical order."
This is a contract dispute. Therefore, the burden is on the Organization to
demonstrate a violation of the relevant Rules with respect to the 1999 roster. The
Organization has not met that burden.
Rules 8.1 and 9.1 require that prior rights with the Boston and Main or Maine
Central be designated with a "B" and "M," respectively. The 1999 roster contains those
designations. The rosters prior to 1999 designated the "current status" of the employees
including that of "Carman." The 1999 roster does the same. The rosters prior to 1999
designated that certain employees were Painters. The 1999 roster does the same. As the
Carrier points out, the 1999 roster gives more information by further differentiating
between "Prior Rights Painter" (designated with a single asterisk (*)) and "Painter"
(designated with a double asterisk (* *)). And, there is another designation for "Carman
& Painter" (designated with a "#"). But for our purposes and as the Carrier points out,
in and of themselves, these more detailed designations in the 1999 roster have not been
shown by the Organization in this case to limit the ability of any employee to exercise:
their seniority. Compare, Second Division Awards 13699, 13700 and 13701, where:
displacement rights of employees designated on the 1999 roster as "Painter" are;
specifically addressed. Further, and most importantly, the cited Rules do not prohibit;
the Carrier from noting the more detailed information - information which was similarly
present in the rosters prior to 1999.
Form 1 Award No. 13698
Page 4 Docket No. 13562
03-2-00-2-40
Based on the above, this claim shall be denied for lack of Rule support.
AWARD
. 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 31st day of January, 2003.