Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13997
Docket No. 13880
09-2-NRAB-00002-080030
The Second Division consisted of the regular members and in
addition Referee
William R. Miller when award was rendered.
(Brotherhood
Railway Carmen
Division of TCIU
PARTIES TO DISPUTE:
(Springfceld Terminal Railway Company
STAB OF CLAIM:
"1. That the Springfield Terminal Railway Company violated the
terms of our current Agreement, in particular Rule 26.1 when
they failed.
to
allow Carman Dale L. Reynolds
to
displace a
junior employee on the Springfield Terminal Railway Carman
System Seniority Roster.
2. Accordingly, the Springfield Terminal Railway Company be
required to compensate Carman Dale L. Reynolds in the amount
of one thousand (1000) miles for each week that he has to travel
Rigby Yard, S. Portland, Maine as result of this failure."
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. 13997
Page 2 Docket No. 13880
09-2-NRAB-00002-080030
Parties to said dispute were given due notice of hearing thereon.
The facts of the case are that the Carrier issued an Abolishment Notice to the
Claimant that his Position No. C-51 at
Waterville, Maine, would
be abolished on
April 1, 2007 and he was not allowed to displace on Position Nos. 49 or 54 because
he did not possess a CDL Class A License.
The Board thoroughly reviewed the record and determined that this case is
identical to Second Division Awards 13992 and 13995 with the exception of the
Claimant. The arguments and positions taken by both parties in the
aforementioned Awards are the same and will not be repeated for the sake of
brevity
For the same reasons set forth in the aforementioned Awards the Board finds
and holds that the instant daim 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 Sth day of March 2009.