NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20877
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE: (
(Burlington Northern Inc.
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-7662) that:
The Carrier violated, and continues to violate, the rules of
the Clerks' Agreement when it denied Leonard E. Hoekendorf the position
of Revisor No. 214 in the Freight Claim Department, Chicago, Illinois.
2. The Carrier shall now be required to place Mr. Hoekendorf on
position of Revisor No. 214 and reimburse him for loss of compensation at
$2.66 per day, commencing July 2, 1973, and continuing until placed on position of Revisor No. 214.<
OPINION OF BOARD: Claimant was employed by Carrier on October 27, 1936.
Thereafter, he received a number or promotions; the last
of which being to Interline Rechecker on July 21, 1969.
On May 21, 1973, Claimant was advised that his position would be
abolished effective June 29, 1973, and that he was free to exercise his
seniority. On May 29, 1973, Claimant advised Carrier that he desired to
exercise his seniority rights to position as "Revisor #214." On the next
day, he was notified that: "Under provisions of Rule 7 your application for
displacement is rejected." On the same date, Claimant requested a hearing
under role 58 (unjust treatment) - which was conducted on July 12, 1973.
On July 31, 1973, after review of the transcript of investigation, Carrier
advised Claimant that he did not have the fitness and ability necessary to
enable him to be assigned to the position of Revisor #214; which advice
prompted this claim.
From our review of the entire record, we conclude that the same
basic contentions set forth herein were presented to us in Award No. 20878,
and that the same considerations which prompted our Award in that dispute
control the outcome of this case. Accordingly, for the reasons set forth
in our Award No. 20878, we will deny this claim.
Award Number 20880 page 2
Docket Number CL-20877
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, 1934;
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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
' ' ATTEST:
~Al·
Dated at Chicago, Illinois, this 26th day of November 1975.
LABOR MEMBER'S DISSENT 7U
AWARD 20878 (Docket CIA-20874)
AWARD 20879 (Docket CL-20875) '
AWARD 20880 (Docket CI,20877)
AWARD 20881 (Docket CLr20878)
In reviewing what is set out in Award 20878 together with the other
awards dealing with the same subject ratter, that is, Awards 20879,
20880, and 20881, one is at a loss as to how the majority of the
Board can conclude, based on all the facts and circumstances which
were presentea, that carrier's action was such whereby it could not
be set aside and the claims should not be sustained.
While one must recognize, that if all four claimants were permitted
to displace experienced revisors at the same time, it could have led
to some rather disquieting results, it is nevertheless evident that
based on all the facts and circumstances which permitted the clai,-rants
to exercise the rights to which they were entitled under the agreement,
together with the fact that all the claimants had numerable years of
service and demonstrated their ability to properly perform in their
prior assignments, based on the provisions of the agreement governing
carrier's action was biased, arbitrary, capricious, and grossly abusive.
This is especially due to the fact that the positions in question were
not "exempted" as the carrier officials desired they be treated and
it is evident that in this particular instance all the claimants did
not have the potential to be able to perform the duties of the positions
within a reasonable time and by no stretch of the imagination was carrier's action such that it coul
Award 20878, along with 20879, 20880, and 20881 are palpably in error
and all require dissent.
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12-23-75