NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-22725
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE: ( -
(Maine Central Railroad Company
( Portland Terminal Company
STATEMENT O' CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The Agreement was violated when Trackman Raymond F. Boies,
Michael Harkins and Roger D. Picard were removed from service on July 27,
1977 (System Files MW-77-2; MW-77-3; and MW-77-4).
(2) The Carrier shall restore Messrs. Boies, rkins and
Picard to service and the claimants shall each
be
reimbursed for all
time lost from July 27, 1977 until they are einstated to service."
OPINION OF BOARD: The Scope Rule of the applicable collective
bargaining Agreement reads in part:
"RULE 1. These rules shall govern the hours of service
and working conditions of all employes, except Emergency
and Temporary Employes, in the Maintenance of Way Department as hereinafter named. Temporary Employe
working on large ballasting or rail laying jobs; Emergency
Employes, those employed on floods, hurricanes, handling
snow, etc."
Rule 2(a) of the Agreement provides:
"RULE 2. (a) Seniority of an Employe within the scope
of this Agreement begins at the time an Employe's pay
starts in the class in which employed, except that such
seniority will not apply until after an Employe has
worked more than thirty (30) consecutive days."
Award Number 22657 Page 2
Docket Number MW-22725
Rule 22 (a) of the Agreement reads in part:
"RULE 22. (a) No employe, who has worked more than
thirty (30) consecutive work days, shall be disciplined
or discharged without a fair hearing by a designated
officer of the Railroad
"
The record shows that the three claimants were among several
temporary employes hired on June 13, 1977, in a Maine Central rail
gang for rail rehabilitation work under the New England Regional
Commission Rehabilitation Program, which program was funded by the
Federal Government. The rail rehabilitation project was completed on
June 29, 1977, following which the claimants were transferred to the
Tie Crew at Danville Junction.. The program at Danville Junction was
not a part of the rehabilitation project.
Each of the claimants was terminated on July 27, 1977, on
the basis that their applications were not approved. Following the
terminations, claims were initiated and progressed in the usual manner
by the Organization that each of the claimants be reinstated to service
and reimbursed for all time lost from July 27, 1977, until reinstated
to their positions as trackman, the Organization alleging that the
Carrier violated Rule 22 (a) of the Agreement.
While claimants were working on the New England Rail
Rehabilitation Program, they clearly came within the category of
"Temporary Employes," as defined in and excepted from the Scope Rule
of the Agreement. When they began work on the Danville Project on
June 30, 1977, the thirty-day provisions of Rules 2 and 22 began to
count. As they were terminated within thirty days of that date,
there was no violation of Rule 22 (a) by the Carrier. The claim will,
therefore, be denied.
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;
Award Number 22657 Page 3
Docket Number IIW-22725
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;
J
Executive Secretary
Dated at Chicago, Illinois, this 14th day of December 1979.