NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: The claimant was regularly assigned by bulletin as foreman of Paint Gang No. 325, with headquarters designated as camp cars. Ile was assigned to a work week extending from Monday through Friday (Saturdays and Sundays were rest days).
On or about August 17, 1966, the Carrier arbitrarily instructed and required the claimant to leave his assigned position as foreman of Paint Gang No. 325, which was working at LaSalle, Illinois, and to assume the position of foreman of the paint gang permanently headquartered at 12th Street, Chicago, Illinois. Simultaneously therewith, the foreman of the 12th Street paint gang, who had been awarded that position by bulletin, was required to leave his position thereat and to assume the position of foreman of Paint Gang No. 325.
The claimant was not compensated for the time he consumed traveling between LaSalle, Illinois and Chicago, Illinois on week-ends. Neither was he reimbursed for the expenses he incurred in traveling between these two points on week-ends nor for the expenses he incurred for meals and lodging while involuntarily headquartered at Chicago, Illinois.
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 September 1, 1934, together with supplements, amendments and interpretations thereto is by reference made a part of this Statement of Facts.
CARRIER'S STATEMENT OF FACTS: Mr. A. E. Bissell was assigned to the position of paint foreman on the Chicago Division of the Illinois Central. Seniority of employees assigned to paint gangs is not confined to any specific location but extends to every point on the division on which they are employed. The claimant does not have a specific headquarters, but travels to various points on the division. During August, 1966, Mr. Bissell was working as the paint foreman on Paint Gang 325 which was then located near LaSalle, Illinois. The assigned work was to spray paint a large steel bridge over the Illinois River.
During the course of this assignment, an inspection report regularly submitted by the office of the Engineer of Buildings and Bridges disclosed that the spray painting of the steel work on the bridge was not being properly performed by Paint Gang 325. The gang failed to do the necessary cleaning of the steel before painting. In fact, several bird nests were found on the bridge sprayed over with paint. It was apparent that Foreman Bissell was ignoring his primary function of seeing that the work was preformed properly.
Rather than discipline him, the company asked the claimant to work as a foreman at Chicago on August 17, 1966. Another foreman was assigned to supervise the project at LaSalle. Mr. Bissell had worked in Chicago on different occasions throughout his employment on the Chicago Division. Insofar as the company is aware, Mr. Bissell did not object to the change and voluntarily agreed to work in Chicago. The correspondence is attached as Company's Exhibit A.
OPINION OF BOARD: Employes have advanced their claim here on the basis that when Carrier effected a "trading of positions" between two Paint, Gang foremen on August 17, 1966, they violated the existing Agreement.
It is undisputed that each foreman obtained his respective position by virtue of his seniority and by the application of the Agreement's "bulletin" rules.
From the facts in the record, the Board agrees that "trading of positions" as was done in the instant case is not permissible under the Agreement. Therefore, Part One of this claim is sustained. (See Award 506).
However, the Board further finds that the Employes failed to support the claim for various expenses incurred by Claimant as sought in Part Two of this claim. As we said in Award 17103, we will not speculate as to what the actual expenses might have been. Consequently, that part of the claim is denied.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds: