NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
THE BALTIMORE AND OHIO RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the Agreement and ignored the
seniority rights of Trackman James O. Whisner when it assigned
the position of tie tamper operator as advertised in Bulletin No. 45,
dated May 24, 1956, to an applicant who was junior to Trackman
James O. Whisner.
(2) The Carrier likewise violated the very basic and fundamental concepts and principles of the seniority rules of the Agreement when it selected, instructed and required Trackman W. A.
House, with seniority from April 3, 1947, instead of Trackman James
O. Whisner, with seniority from March 9, 1926, to learn and become
acquainted with operation of a tie tamper while under pay and serving as a Trackman at 'which time no employee on the division was
qualified to operate this machine'.
(3) Claimant James O. Whisner be assigned to the position of
tie tamper operator.
(4) Claimant James O. Whisner be paid the difference between
what he received at the trackman's rate and what he should have
received at the tie tamper operator's rate for each day he has been
denied the right and opportunity to fill the position of tie tamper
operator.
(5) Claimant be given seniority as a tie tamper operator as of
June 15, 1956, the date position of tie tamper operator was awarded
by Bulletin No. 49, and that he shall be considered senior in such
class to Mr. Willard A. House.
FINDINGS:
The Third Division of the Adjustment Board finds:
That the dispute was certified to the Third Division of the Adjustment
Board jointly by the parties;
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That Carrier and Employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act, as approved
June 21, 1934;
That this Division of the Adjustment Board has jurisdiction ovef the
dispute involved herein;
That hearing thereon has been held and concluded. Under date of
February 20, 1959, the parties jointly advised the Secretary of the Third
Division of their desire to withdraw this case from further consideration by
the Division, which request is hereby granted.
AWARD
Case dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: A. Ivan Tummon
Executive Secretary
Dated at Chicago, Illinois, this 26th day of February, 1959.