THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: The claimant had established and held seniority as a crane operator in Rank No. 3 of the Track Subdepartment. He was regularly assigned to the system service position of operator of Burro Crane No. 2562 by Bulletin No. 24, dated February 6, 1963.
Prior to January 27, 1967, the claimant was operating Burro Crane No. 2562 with Gang No. 29 on the Cincinnati Division. Effective January 27, 1967, the Carrier shipped said crane to Radnor, Tennessee for use at the welding plant. Effective that same date, the Carrier suspended the claimant from his position of operator of the crane and thereafter used him to perform other work in the Track Subdepartment. The work of operating the crane at the welding plant was temporarily assigned to another employe, who, in addition to a regular eight (8) hour work period, was used to perform a substantial amount of overtime service.
The claimant was qualified and willing to accompany and operate the crane while it was assigned to and used at the welding plant on the Nashville Division, but the Carrier refused to permit him to do so.
Claim was timely and properly presented and handled by the Employes at all stages of appeal up to and including the Carrier's highest appellate officer.
The Agreement in effect between the two parties to this dispute dated May 1, 1960, together with supplements, amendments and interpretations thereto is by reference made a part of this Statement of Facts.
CARRIER'S STATEMENT OF FACTS: On January 27, 1967, Burro Crane No. 2562, which was on the Cincinnati Division, was shipped to Carrier's welding plant at Nashville, Tennessee.
C. E. Brooks was the assigned operator on the Cincinnati Division, having secured the position by bid. He was not sent with the crane. While the crane was working at Nashville, Mr. Brooks was used in other service, but paid at the crane operator's rate.
Employes alleged that Rule 11~(c) of the Agreement was violated when Mr. Brooks was not sent with the crane and filed a claim in his behalf. Carrier saw no basis for the claim and it was declined. Attached Exhibits A through D show pertinent correspondence exchanged in connection with the claim.
A copy of the current working rules agreement is on file with the Third Division and it by reference is made a part of this submission.
OPINION OF BOARD: Claimant was an employe regularly assigned to the System Service Position of operator of Burro Crane No. 2562. He held seniority in Rank No. 3 of the Track Subdepartment. Claimant was operating on the Cincinnati Division of the Carrier. Effective January 27, 1967 Carrier shipped Burro Crane No. 2562 to Radnor, Tennessee with the Nashville Division for use at a welding plant at that point.
It is the position of the Claimant that the action of the Carrier violated the Agreement when it failed to transfer Claimant with his crane to Radnor, Tennessee but instead transferred an employe from another crane to work Claimant's position as operator of Burro Crane No. 2562.
Rule 11 of the Agreement is headed System Service Employes. 11(a) defines System Service Employes and includes operators of machines listed in rank 3 which includes the Claimant. 11 (b) sets out the remuneration System Service Employes are to receive when off their Superintendent's Division. Rule 11(c) reads as follows:
As stated above Claimant held the System Service position of operator of Burro Crane No. 2562. This position was the Claimant's until such time as he either relinquished same, was properly displaced or the position was properly abolished. Under Rule 11(c) the Carrier had the right to transfer the
Claimant with his crane to another seniority district. The Carrier elected not to do this. This was its prerogative. However, if the Carrier does not elect to transfer Calimant it must follow the alternative procedure of abolishing the