NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Arnold Zack, Referee
PARTIES TO DISPUTE:
TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
DETROIT, TOLEDO AND IRONTON RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of The
Order of Railroad Telegraphers on the Detroit, Toledo & Ironton Railroad
that:
1. The Carrier violated the Agreement between the parties
when by Bulletin 16A issued June 30, 1959, it assigned an individual
to the position of Agent, Napoleon, Ohio, who held no seniority in
any of the classifications named in the Scope, Rule 1, of the Agreement between the parties.
2. The Carrier shall now assign the position of Agent, Napoleon, Ohio, to an employe of the Carrier covered by the Scope of
the Agreement between the parties on the date the position was
advertised, June 15, 1959, and with a seniority date established as
provided in the Agreement rules on or before June 15, 1959.
3. When the Carrier has complied with paragraph 2 above and
placed the employe on the position at Napoleon, that employe shall
be compensated for the time held off of the position, because of
the improper assignment cited in paragraph 1 of this claim, for the
difference in the actual earnings while deprived of the Napoleon
assignment and the amount of earnings he would have received if
placed on the position at Napoleon as of the date of the improper
assignment.
EMPLOYES' STATEMENT OF FACTS: The Carrier did by Bulletin
No. 16, dated Dearborn, Michigan, June 15, 1959, advertise the position
of Agent at Napoleon, Ohio, this bulletin being reproduced below for ready
reference:
"DETROIT, TOLEDO AND IRONTON RAILROAD COMPANY
TELEGRAPHERS' AGREEMENT
BULLETIN NO. 16
Dearborn, Michigan
June 15, 1959
selecting men for Note A positions would be destroyed. Therefore, when the
Agent at Napoleon, who had been the agent there for 38 years, stated he
was going to retire, the vacancy was advertised on Bulletin No. 16, June 15,
1959. The brief description of duties were shown on the bulletin as:
"This is a note 'A' position. Applicant must have a thorough
knowledge of station work, be qualified to supervise a large office,
force and have complete understanding of tariffs, rates and yard:
operations."
Requests for the position in the form of bids were received from the
following employes holding seniority under the ORT agreement:
J. L. McCoy
A. Anderson
R. W. Lowery
R. P. Kimmet
C. J. Boudreau
In addition, an application was received from Harold E. Altherr, an
employe holding the position of Chief Clerk at the Carrier's Toledo, Ohio
freight station, a position within the scope of the agreement with the Brotherhood of Railway and Steamship Clerks. The position was assigned to Mr.
Altherr, and he took up his duties at Napoleon on August 10, 1959. The retiring agent remained until August 31, 1959.
(Exhibits not reproduced.)
OPINION OF BOARD:
In the instant case the Carrier assigned an
employe lacking seniority in the ORT to the position of Agent, Napoleon,
Ohio.
The Organization contends that the parties' Agreement requires that.
such position be filled by an employe from the ORT seniority roster, although.
admittedly without regard to his seniority standing.
The Carrier denies that this is so, and asserts that anyone may lie,
assigned to the post, whether or not he has ORT seniority.
Footnote A of the parties' Schedule of Position and Rates of Pay clearly;
states, in reference to the position of Agent Napoleon, that:
"The Company may fill such vacancies without regard to seniority."
To construe the provision as the Organization argues is proper would'
require the final phrase to read "without regard to the amount of seniority."'
But such language is neither present nor implied.
As the parties drafted the provision it is possible of only one interpretation, and that is that the position may be filled by the Carrier irrespective
of whether the individual possesses any ORT seniority.
Accordingly, the claim must be denied.
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FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
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
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago,
Illinois, this 16th day of December 1966.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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