NATIONAL RAILROAD ADJUSTM= BOARD
THIRD DIVISION Docket Number CL-21634
James F. Scearce, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
( (Former Lehigh Valley Railroad Company)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood,
GL-8079, that:
Claim in behalf of Lynn W. Hartranft, Cycle Messenger, Allentown Consolidated Yard for an additi
July 1, 2, 3, 1974, at rate of $847.72, account being deprived of covering his assigned position.
Carrier violated Rule 9 (c) and other rules of our current
working agreement, dated Revised May 1, 1955, when assigning position of
Cycle Messenger - Cycle A-4, by Bulletining #104, dated June 26, 1974 to
claimant, he was held off that position and required to continue on position of Storekeeper, Allento
date the Carrier posted notice that position of Storekeeper, Allentown
EEnginehouse, was abolished effective 7:00 A.M. July 15, 1974. Then the
position of Storekeeper,
Allentown Enginehouse
was blanked from July 3 to
July 15, 1974.
OPINION OF BOARD: The claim submitted to the Board is premised upon the
Carrier's failure to permit Claimant to take over a
position of Cycle Messenger, rate $847.72 per month, which he was awarded
on bulletin effective June 26, 1974. At the time, he held position of
Storekeeper at
Allentown E
nginehouse, rate $864.88 per month. He was re
tained on this position temporarily until July 5, 1974, and received the
higher rate. The Organization asserts he should have been transferred on
June 29, 1974.
The issue submitted to us concerns a proper interpretation of
Rule 9, paragraph (c), reading:
"(c) An employee awarded bulletined position shall
be promptly transferred to assigned position."
The narrow question is whether the language of Rule 9 mandates an immediate
transfer as alleged by the Organization, or a transfer within a reasonable
period, considering all the circumstances. In Award 18554 (Rimer), we considered the same issue, and
Award Number 21762 Page 2
Docket Number CL-21634
"Certainly, the word 'promptly' as it appears in
9(e) is an inexact expression susceptible of a variety
of interpretations. This Board believes that it was
not the intent of the parties to connote that word with
the word 'immediately' but rather that transfers should
be made without undue delay, applying the test of 'reasonableness,' looking to the circumstances pre
any given situation. The same language was similarly
construed in Award No. 18 by Special Board of Adjustment
No. 452."
In addition, the parties litigated an analogous problem before Public
Law Board No. 1109, Award No. 1, where similar findings were made. In the
light of the foregoing, it is our decision that Carrier acted within the
requirements of the rule and we find no violation thereof.
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 Eaployes involved in this dispute
are respectively Carrier and bnployes 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:"
Executive Secretary
Dated at Chicago, Illinois, this 14th day of October 1977.