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:




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:








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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