NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: This is to inform you that I will file an "Ex Parts Submission" within the next 30 days.
Question Involving: Seniority, unjust treatment, and right of choice, during reduction of staff, for employes, employed by the Canadian Pacific Railway, in the "Bridge and Building" department, of the Maintenance of Way, and covered by the "State of Maine and Vermont agreement."
Dispute: The dispute began when officials of the Canadian Pacific Railway at Saint John, New Brunswick, Canada, ordered American employes to exercise their seniority and report for work at Saint John, under the Cana dian-Agreement 14 . I immediately submitted a protest, believing that since I was senior in service and classification, I should have been given the right of choice. However, I was informed that my seniority gave me the right to work, but not the right to choose the location where I would be employed, during a reduction of staff.
I believe I was unjustly treated when ordered to report for duty at Saint John, where I was obliged to pay my expenses, and work for a lower rate of pay.
I contend: That I should have been given the right to exercise my seniority in my class or group, during this reduction of staff.
I further contend: That when the company officials on the Saint John Division ordered me to immigrate to Canada, they were violating my rights as an American employe, and denying me the preference of employment, in my own class or group in the State of Maine, on the seniority territory cov ered by the American agreement.
I believe this action which forced me to work in Canada, was a gross violation of my rights as an American employe; I, therefore, submit this notice of my intention. OPINION OF BOARD: We have studied the record and considered the arguments presented by and in behalf of parties. We conclude that the Claimant has failed to furnish any factual proof that the Agreement was. violated.