Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13782
Docket No. 13671
03-2-02-2-32
The Second Division consisted of the regular members and in addition Referee
Don A. Hampton when award was rendered.
(Brotherhood 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 Rule 12.4(b), when they
arbitrarily failed to recognize the seniority of Carman
Raymond A. Delano in the daily assignment of work.
2. That, accordingly, the Springfield Terminal Railway Company
be ordered to allow Carman Raymond A. Delano his seniority
rights, as provided for in the aforementioned rule.
Furthermore, the carrier be ordered to compensate Carman
Raymond A. Delano in the amount of eight (8) hours at the
straight-time rate for the continued violation of this rule."
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.
Form 1 Award No. 13782
Page 2 Docket No. 13671
03-2-02-2-32
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
On January 3, 2001 the Claimant was assigned to do air brake tests on the
outside repair track. The Claimant requested that he be allowed to displace another
junior Carmen who was assigned to drive a dump truck engaged in snow removal.
This request was denied by the Carrier and the Organization filed a claim on
February 27, 2001 contending that the Carrier's denial of the Claimant's request
was a violation of Rule 12.4(b).
Rule 12.4(b) reads:
"In the daily assignment of work to employees awarded positions
under this Rule, fitness, ability and qualifications being equal
seniority will prevail."
We have reviewed the entire file in this matter noting the Carrier's
contention that since both jobs were outside there was no Rule violation. The
Carrier further contends that previous claims sustained at the Board were
dissimilar to this claim and therefore the claim must be denied.
Second Division Awards 13282, 13452, and 13669 between this Organization
and this Carrier have interpreted Rule 12.4(b) and we can find no reason to provide
a different interpretation. It should be noted that the Rule in question speaks to the
daily assignment of work with no limitations regarding inside or outside
assignments. The limitations are based on fitness, ability, and qualifications.
Should these qualifications be equal seniority will prevail in the daily assignment of
work. As these limitations were not an issue in this claim the claim will be sustained
as presented.
AWARD
Claim sustained.
Form 1 Award No. 13782
Page 3 Docket No. 13671
03-2-02-2-32
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an award favorable to the Claimant(s) be made. The Carrier is ordered to make
the Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 24th day of October 2003.