STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: At approximately 9:30 A. M., Sunday, September 11, 1960, Crane Operator Zane Raudibaugh was called to transport a bulldozer from Oneonta, New York, to Forest City, Pennsylvania, and to operate same in assisting clearing up after a wreck at Forest City. Both Mr. Raudibaugh and Mr. Cortese have seniority dates as Bulldozer Operator. However, Mr. Raudibaugh was awarded a position of Crane Operator on November 26, 1958, and has been continued in service as such since that date.
Mr. Cortese had not, as of September 11, 1960, been awarded a position other than that of Bulldozer Operator.
The Agreement in effect between the two parties to this dispute dated November 15, 1943, together with supplements, amendments and interpretations thereto is by reference made a part of this Statement of Facts.
POSITION OF EMPLOYES: The pertinent provisions of Rules 1, 2 and 3 read:
It is the position of the carrier that this claim is entirely without merit. Had carrier not used the senior employe from the- class or craft from which the employe was called, it would have been liable to a claim from the senior man, as indicated by awards herein referred to.
Without waiving its position that this claim is completely without merit add should be denied in its entirety, carrier asserts that should claim be sustained, claimant should receive no more than pro rata pay based on the principles enunciated in Award 5978 and awards listed therein that the penalty for time not worked should be no more than pro rata pay.
Claim is not supported by any agreement rule or practice and should be denied.
OPINION OF BOARD: In the Instant Claim both the Claimant Mr. Cortese, and the employe used, Mr. Raudibaugh were working as crane operators on the day in question. Mr. Raudibaugh was a regularly assigned crane operator and had been accumulating seniority as such since November 26, 1968. He was also qualified as a bulldozer operator, and accumulating service in that capacity since April 13, 1953. The Claimant, Mr. Cortese, was temporarily assigned as a crane operator, and he also qualified as a bulldozer operator and had been accumulating seniority as such since January 13, 1960.
It is the contention of the Organization that Claimant Cortese had no seniority standing as a crane operator on September 11th or 12th, 1960 for the reason he was working temporarily as a crane operator and that when the emergency arose which necessitated the dispatch of a bulldozer to Forest City, he should revert to his status as a bulldozer operator and had been used instead of Mr. Raudibaugh.
We can find nothing in the record, in the current agreement nor in the awards cited by the Organization to support the contention of the Claimant. The claim lacks the merit for a sustaining award and must be denied.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and 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