NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21545
Robert W. Smedley, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood,
GL-8037, that:
1. Carrier violated Rule 18 - SENIORITY, and other rules of
the Agreement, when it failed and refused to call a "T" designated
employee in filling temporary vacancy, Abbeville, South Carolina,
July 28, 1974.
2. Carrier shall be required to compensate the senior idle
extra "T" designated employee eight (8) hours at the applicable rate of
Clerk-Operator position, Abbeville, South Carolina, July 28, 1974, and
if no idle extra "T" designated employee Carrier shall be required to
compensate Agent-Operator G. J. Davis, Elberton, Georgia, eight (8)
hours pay July 28, 1974, for the violation aforesaid.
OPINION OF BOARD: Sunday, July 28, 1974, extra operator D. S. Taylor
was scheduled to work the second trick assignment
at Abbeville, South Carolina. Taylor reported ill, and the Carrier
called D. M. Massey to fill the vacancy.
The complaint is that Taylor was a telegrapher and Massey,
being a clerk, did not have priority for the assignment. The Union
suggests that the Carrier should have called agent-operator G. J. Davis
or, if not him, someone having priority. The Carrier admittedly did
not consider priority of assignment but filled the vacancy with what it
considered the closest available qualified employe.
Rule 18, SENIORITY, paragraph (e) reads:
"(e) Temporary positions or vacancies of less than
thirty (30) days' duration will be filled by extra
board employees who are subject to 'call service';
the senior qualified employee, when available, will
be given preference, but cannot claim extra work in
excess of forty (40) hours in his work week if a
junior extra employee who has had less than forty (40)
hours of work in his work week is available."
Award Number 21641 Page 2
Docket Number CL-21545
Additionally, by the February 25, 1971 National Clerks
Agreement and the Implementing Agreement of October 29, 1971, clerktelegrapher work was consolidated
telegraphexs,or "T" designated workers, were to have priority of
assignment for "T" vacancies and clerks for "C" vacancies. The
incident was within the three years.
The Carrier states, somewhat belatedly, that there was an
emergency and
that Davis lived 54.7 miles away while Massey was 31.5
away. Apparently by highway the difference was more like 17 miles.
There is absolutely no evidence of emergency. The record is silent as
to when Taylor called in.
It clearly appears that the Carrier resorted to expediency
and ignored the priority agreements. Both parts of the stated claim
will be sustained. As to claim number 2 for eight hours
compensation,
this will be worked out
on
the property
in a manner consistent
with
this award.
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
The agreement was violated.
A W A R D
Claim sustained.
AU G 2 4 1977
J J BERJ P
NATIONAL RAILROAD ADJU TMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 29th day of July 1977.