TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
STATEMENT OF CLAIM: Claim is hereby made for eight (8) hours' pay, pro rata rate, for Extra Furloughed Operator D. E. Kalich on each of the following days: December i1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 15, 16, 17, 18 and 19, 1957, account Extra Operator Picklesimer being recalled to duty in violation of Rule 2-X-1 of the existing O.R.T. Agreement.
Extra Operator Kalich has more seniority on the Roster than Operator Picklesimer; Rule 2-X-1 states, "Employes shall be laid off in reverse order of their seniority. When force is increased they shall be recalled to service in the order of their seniority."
Since this is a violation of Rule 2-X-1, please advise claimant the amount that will be allowed and the payroll upon which payment will be made.
Claim is hereby made for eight (8) hours pay, pro rata rate, for E. Wheeler on the following dates: December 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 15, 16, 17, 1~8, 19, 1957.
Claim is hereby made for eight (8) hours pay, pro rata rate, for D. D. Sturgeon on the following dates: December 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 1957.
EMPLOYES' STATEMENT OF FACTS: Commencing December 1, 1957, a three weeks vacation relief assignment occurred in Carrier's "GY" Indianapolis, Indiana telegraph office, a position covered by the Telegraphers' Agreement. No extra employes were immediately available, consequently, the Carrier found it necessary to resort to calling a furloughed employe as authorized by Regulation 2-X-1 of the agreement which states that:
ployes allege- and if so, whether the Claimants are entitled to the compensation requested in the claim.
OPINION OF BOARD: Employes contend that Claimants were not called back in their turn as required by Regulation 2-X-1 and that they are also entitled to compensation under Regulation 5-E-1.
It is true that Mr. R. M. Picklesimer, who had less seniority than Claimants, was recalled from furlough to fill a relief vacation vacancy. It is also true, however, that Mr. R. M. Picklesimer was recalled as a printer operator, that he had been hired as a block operator, that he had worked as printer operator, and that the Claimants, who were the three senior furloughed employes, never performed service as block operators or as printer operators. The record also shows that there were no qualified extra employes to fill this position. Mr. Picklesimer was the senior qualified furloughed employe.
Regulation 1-A-I must be considered in relation to the rules urged by the Employes. That rule reads:
This is a specific rule which precedes and qualifies Regulation 2-X-1. Seniority applies only after ability and fitness. Since Claimants did not have the ability and fitness to fill the vacancy, their superior seniority over Picklesimer did not apply.
There is no evidence that Carrier acted improperly in filling this vacancy. "So far as practicable" as used in Regulation 5-E-1 certainly permits the Carrier to use its discretion in the assignment of qualified employes. And that rule specifically provides for equal work distributed only "among qualified extra employes". Claimants were not qualified.
For the reasons herein stated, we are obliged to conclude that there is no merit to any of the claims.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds: