Award Number 17594 Docket Number CL-18194 NATIONAL RAILROAD ADJUSTMENT BOARD
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP
CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6559) that:
EMPLOYES' STATEMENT OF FACTS: Chief Clerk, P. J. Calcaterra was on vacation from August 5 to 27, 1967 and Demurrage Clerk, W. K. Downard was moved from his regularly assigned position of Demurrage Clerk to fill the position of Chief Clerk during Mr. Calcaterra's absence on vacation. Clerk Downard was junior to each of the claimants and Carrier's action in stepping film up to fill the position of Chief Clerk on the days involved had the effect of depriving the claimants of their seniority rights to fill the position of Chief Cleric on an overtime basis on the dates specified in the claim. Claim was filed through Local Chairman, Earl P. Miller's letter of October 2, 1967 addressed to Agent H. K. Reese, Employes' Exhibit "A".
Claim was declined by Mr. Reese through his letter of October 26, 1967, Employes' Exhibit "B" .
Claim was thereafter appealed by Local Chairman Miller to Superintendent J. C. Lusar through his letter of December 12, 1967, Employes' Exhibit "C".
OPINION OF BOARD: This claim arises as a result of Carrier assigning an employee to fill a position during vacation, claimants are employees senior to the one who filled the position and who had declined the assignment for the entire period but who made known their willingness to fill the "vacancy" at such times as it did not conflict with the performance of their regular employment. The question involves the application of the following provision of the controlling agreement:
"Rule 29. Employes covered by these rules shall be in line for promotion. Promotion, assignments and displacements under these rules shall be based on seniority, fitness and ability; fitness and ability being sufficient, seniority shall prevail. When an employe junior to other applicants is assigned to a bulletined position, the senior employes making application will be advised the reason for their non-assignment if they request such information in writing and file it within 15 days from date of assignment."
Also the following rules under the Supplement *** Vacation Agreement *** are involved:
It is the contention of the Organization that strict compliance with Rule 29 and in accordance with past practices of the Carrier requires that vacancies created by vacation be filled by seniority on a day to day basis. The Carrier contends that Rule 12 (a) and (b) of the Vacation Agreement of December 17, 1941, applies and that it was free to assign the work to a junior employee after having offered the full vacation period to claimants.
In as much as the claim arose as a result of filling a vacation vacancy, we conclude that Rules 12 (a) and (b) are the applicable rules and that to require the Carrier to fill these vacancies in the manner proposed by the Organization, paying time and a half to each of the claimants would be in conflict with Rule 12 (a) of the Vacation Agreement which reads in part as follows:
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
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