Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13998
Docket No. 13881
09-2-NRAB-00002-080031
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:
(Springfield Terminal Railway Company
STATEMENT OF CLARM
"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 Stephen Roderick to displace a
junior employee on
the Springfield
Terminal Railway
CBrman
System Seniority Roster.
Z Accordingly, the Springfield Terminal Railway Company 6e
required to compensate Carman Stephen Roderick in the
amount of eight (8) hours straight time for each day that the
junior employee holds the position. In addition, Carman
Roderick be compensated for each day towards his ?32 days that
he would receive had he stayed working and all Health and
Welfare Benefits he could have received as a 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.
Form 1 Award No: 1399$
Page 2 Docket No. 13881
09-2-NRAB-00002-080031
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were
given
due notice of hesrmg
thereon.
The facts of the case are that the Carrier issued an Abolishment Notice to the
Claimant that his Position No. C-33 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 ht 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 claim must be dented.
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 5th day of March 2009.