THIRD DIVISION
(Supplemental)
THE DELAWARE, LACKAWANNA AND WESTERN
RAILROAD COMPANY
These exceptions clearly grant Management the right to fill this position by appointment only, and the wording of these exceptions does not restrict that appointment to be for certain indefinite periods such as the Organization proposes. If such restriction of appointment existed, such restriction most certainly would have been incorporated in that portion of the Scope Rule quoted above.
The Carrier denies each and every allegation of the Organization and the validity of every argument advanced by it at variance with the Carrier's position and pleadings in this case.
OPINION OF BOARD: As a result of reduction of forces, Claimant Bellomo was displaced by a senior employe and thereafter notified Carrier of his desire to displace on a General Foreman position held by a junior employe, Burton. On April 10, 1958 Carrier denied the request of Bellomo upon the premise that it alone had the right to determine who should occupy the position of General Foreman.
The recent Award No. 11335 (Coburn) concerned a dispute between these same parties involving the same rules. It cites many awards. It is in point here and we follow it.
Carrier contends now that Bellomo was not qualified for the job of General Foreman and that he was in Seniority Group 2 and could not displace General Foreman because General Foreman was in Seniority Group 1. The record does not show that either of these reasons were presented on the property. In fact the record does not show that Burton was in Seniority Group 1.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
That the Carrier and the 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 over the dispute involved herein; and
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE DELAWARE, LACKAWANNA AND WESTERN
RAILROAD COMPANY
Upon application of the representatives of the employes involved in the above Award that this Division interpret the same in the light of the dispute between the parties as to its meaning and application, as provided for in Section 3, First (m) of the Railway Labor Act, as approved June 21, 1934, the following interpretation is made.
Carrier must pay to Mr. Bellomo the difference between what he earned as a Mail Handler and what he would have earned had he been assigned to the General Foreman position and to continue until Mr. Bellomo or an employe his senior is placed in the General Foreman position, including all overtime and rest days worked by the incumbent of that job.
It is our interpretation that the Award did not consider or contemplate including overtime or rest days which might be worked. That would be speculative and indefinite. The claim did not specify overtime or work on rest days, nor did the Award so specify. In the absence of specific direction in the Award, Bellomo is not entitled to the overtime or rest days worked by Burton, who held the General Foreman's job. Interpretation No. 1 to Award No. 2144, Interpretation No. 1 to Award No. 9765 and Interpretation No. 1 to Award 10035.
The Carrier contends now that the claim period ended when Myricks bid for the General Foreman's job January 12, 1959. That contention was not made when the claim was before this Board. It is a new issue which cannot be considered now. This Board has held that an interpretation does not mean to make a new Award. Interpretation No. 1 to Award No. 10878, Serial No. 203. The Award is not ambiguous. If an Award should be changed because of subsequent events, there could be no finality.