NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-19357
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it did not permit Claimant King to assume the duties
to which he had been assigned by Bulletin No. SG-617 dated September 5, 1969,
but withheld him therefrom until September 29, 1969, (System File A-9129/D5027)
(2) Claimant King be allowed fifteen hours' pay at the assistant
foreman's time and one-half rate and a meal and linen allowance in the amount
of $30.30 which he was deprived of because of the violation referred to within
Part (1) of this claim.
OPINION OF BOARD: The Organization contends that Carrier violated the applic-
able Agreement because it did not permit Claimant to assume
the duties of Assistant Foreman on Gang 941 until 24 days had elapsed after he
had been assigned to the position.
The Claimant relies on Rule 11 of Article 3 of the Agreement which
states:
"Employes making application on vacancy bulletins issued
under the provisions of Rules 6 and 7 of Article 3, may withdraw their applications before assignmen
desire. After assignment is made employee assigned may not
withdraw but must take the assignment."
On the basis of this rule, it has been argued in effect, that, since
an employee who is assigned a position may not withdraw but must take the assignment, Carrier should
In cases of this nature, we think the test of reasonableness should
be applied. By this we mean that while Carrier is under no mandate to place a
man in a position immediately after he has been assigned to it Carrier may not
delay the employee's assumption of the new position beyond a reasonable time.
Given the facts in this particular dispute, the Board feels that Carrier did not act in an unrea
Award Number 19380 Page 2
Docket Number MW-19357
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, 7934;
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIO\aL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: ~~ h.
Executive Secretary
Dated at Chicago, Illinois, this 28th day of July 1972.