NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20831
Irwin M. Lieberman, Referee
PARTIES DISPUTE: Brotherhood of Railroad Signalmen
TO (Chicago and North Western Transportation Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Chicago and North
Western Transportation Company:
(a) On or about November 21, 1972 the Carrier violated the
current Signalmen's Agreement, particularly the 5th paragraph of Rule 1'/
when it would not place Mr. A. E. Nenn, Sig. Mtnr. at Pt. Washington, Wis.
on the permanent position of Ldr. Sig. Mtnr. at Appleton, Wis. and allow
him to work the temporary position of Sig. Mtnr. at Oshkosh, Wis., pending
return of J. A. Meyer.
(b) The Carrier now be required to place Mr. Nenn per his request as stated in his letter of Sep
to the position as stated in (a) above.
(c) The Carrier be required to compensate and/or reimburse
Mr. Nean for all compensation he may have lost by this violation. fcarrier s File: 79-13-16)
OPINION OF BOARD: This dispute relates to whether or not an employe
may exercise several options, seriatim, upon being
displaced, under two different Rules. The Rules are:
"RULE 17 - Except in the Central Seniority District, incumbents of existing positions and those
in excess of one year, may elect to retain their positions or
within fourteen consecutive calendar days exercise displacement rights if changes occur under the fo
of their positions:
(a) Assigned days off duty.
(b) Headquarters.
(c) Territorial limits.
(d) Starting time, except due to Daylight Saving Time.
If positions are vacated as provided for is this rule it will
be bulletined as a new position.
Note: At points where the territorial limits are changed and
there are two or more positions of the same seniority class
involved, one or more of which is abolished, the senior employe
Award Number 20970 Page 2
Docket Number SG-20831
"will make the first selection. The remaining employs or
employee of the same seniority class may do likewise in
seniority order."
"RULE 36 (c) - Except as provided in rule 35 (b), when
force is reduced, position abolished, or employee displaced, the affected employe must advise proper
within three working days from date of bulletin his choice
of displacement, and, except in central seniority district
he will be advised prior to position being abolished as to
whom he may displace under rules applicable, so that such
action may be taken on working day following date position
is abolished. In the central seniority district the
affected employe may displace any junior employe of his
class assigned to a permanent position. Outside the central
seniority district the affected employe may displace any
junior employs in his seniority class assigned to a permanent position with headquarters in camp car
to crers not engaged in the maintenance of a section, plant
or assigned to a shop, or position under direction of Supervisor Communications & Signals or on
position on a section or plant. Illinois and Northwestern
seniority district employee may displace any one of the
three junior employee, Western and Northern seniority district
employee may displace any one of the seven junior employes
of the same class holding a permanent position assigned to a
section, shop, plant or relief position.
An employe having displacement rights may displace a
junior employs on a temporary or 'pending return' position
provided he currently makes a 'technical' displacement on a
permanent position. An employe 'technically' displaced under
provisions hereof will retain the right to remain on the
assignment and will not be required to exercise displacing
rights until actually displaced."
Petitioner argues that Claimant, having taken action under the
shorter option (Rule
36
(c)) may not be denied the right to subsequently
exercise the 14 day option. It is urged that Carrier's position would
result in giving a senior man only three days in which to make a displacement, whereas a Junior man
It is interesting to note that in its submission, Petitioner states:
"Upon receipt of Bulletin #17, Mr. A. E. Benn, the incumbent
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Docket Number
SC-20831
"of the heading Signal Maintainer position at Port Washington, the first position listed thereon as
exercised his displacement rights under the Note at the
end of Rule 17, and within the three-day period in Rule
36,
by placing himself on the Signal Maintainer position
at Fort Washington
"
It might be construed that the Organization is saying that his one choice
was exercised under both rules. However, in subsequent argument Petitioner
insists that Claimant has the right to make three different choices, as
indicated in the Statement of Claim.
We cannot accept the logic of Claimant. Although it
is
true
that he had to make a choice under either Rule, both being applicable to
the situation, he could not make three choices. After he opted for the
Port Washington position, he was no longer in a displaced posture and
able to exercise any further option. Additionally, it seems evident that
he did exercise the option contained in the Note to Rule 17, supra, and
certainly had no basis for then attempting to use the same Rule's fourteen
day provision. Even if, as Petitioner contends, his choice was made pursuant to Rule
36
(c), there is no basis whatever for a second and third
option to be exercised since he was no longer being displaced. He must be
confined to one rule application. The Claim must be denied.
FINDINGS: The Third Division of the Adjustment Hoard, 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 Hoard 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:
A1. / --/~~IJ
Executive Secretary
Dated at Chicago, Illinois, this 27th day of February 1976.