NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22226
(Brotherhood of Railway, Airline and Stemahip Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE;
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM; Claim of the System Committee of the Brotherhood (GL-8473)
that;
1. Carrier violated the Agreement between the parties when it
failed and refused to assign clerical employee N. L. Pomeroy to position
No. 732, in line with her seniority.
2. Carrier shall now be required to compensate clerical employee,
N. L. Pomeroy, for an additional day's pay at the rate of position No. 732
which is $45.33 per day, beginning March 15, 1976, and continuing on each
and every day thereafter until such time as claimant is assigned to the
position. The claimed amount is subject to future wage increases.
OPINION OF BOARD; The basic facts of this case are not is dispute. On
March 3, 1976, Carrier issued Bulletin No. 206 ad
vertising Position No. 732 in the Marketing Department, Seniority District
No. 8. During the bulletin period no bid was received from any employe in
Seniority District No. 8. Applications for the position were received,
however, from Claimant N. L. Pomeroy, an employe from Seniority District
No. 5, and from R M. Owen, an employe from Seniority District No. 2.
Claimant's seniority date in Seniority District No. 5 was March 24, 1971;
Owen's seniority date in Seniority District No. 2 was July 12, 1974.
By notice dated March 11, 1976, R. M: Owen was assigned to Position No. 732.
The Organization maintains that Carrier violated the Agreement
by awarding the position in question to Mr. Owen, the junior employe.
Although Rules 7, 8, 15, and 16 of the Agreement are all discussed by both
parties as pertinent, the crux of the case centers on Rule 15. Rule 15
states;
"Employes filing applications for positions bulletined
on other districts or rosters, shall, if they possess
sufficient fitness and ability, be given preference oa a
seniority basis aver non-employes and/or employes not
covered by this agreement."
Award Number 22869 Page 2
Docket Number CL-22226
There is no dispute that both applicants were fit and qualified
for the position. However, Carrier asserts that Rule 15 is of only limited
import--that employes covered by the Agreement (insiders) shall be given
preference over non-employes and/or employes not covered by the Agreement
(outsiders); but that Rule 15 confers no right of seniority as between
qualified insiders. We do not find this argument persuasive. The principle
of seniority preference recognized in Rule 15 is not really meaningful
unless it also implies priority as between persons of various seniority
districts already holding seniority dates under the Agreement, as is the
situation in this case. Accordingly, we find that Claimant should have
been assigned to Position No. 732. The Claim is therefore sustained.
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 violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of may 1980.
C 0 R R E C T E D
Serial ho. 310
NATIONAL RAILROAD ADJL~STMENT BOARD
THIRD DIVISION
IliBERPRn"TATION N0. 1 to AWARD N0.
22869
DOCKET N0.
CL-22226
NAME OF
ORGANIZATION:
Brotherhood of Railway, Airline and Steamship Clerks,
Freight Handlers, Express and Station Employes
NAME OF CARRIER: St. Louis-San Francisco Railway Company
Under date of May
30, 1980
the Board Sustained the two-part
claim in the above case which read as follows:
"l. Carrier violated the Agreement between the
parties when it failed and refused to assign clerical
employee N. L. Pomeroy to position No.
732,
in line
with her seniority.
"2.
Carrier shall now be required to compensate
clerical employee, N. L. Pomeroy, for an additional day's
pay at the rate of position No.
732
which is
$45.33
per
day, beginning March
15, 1976,
and continuing on each and
every day thereafter until such time as claimant is assigned to the position. The claimed amount is
to future wage increases."
The Board thereupon issued an order to make effective Award
loo. 22869
and
directing Carrier to pay to the Employe the sum to which she is entitled
under the Award on or before July
15, 1980.
By letter of June
17, 1980
however, Carrier's then Director of Labor
Relations requested an interpretation of Award No.
22869
on the grounds that
literal compliance with the Award would allegedly grant to Claimant a "windfall" which, Carrier opin
In that letter Carrier advanced for the first time on the record of this
claim an assertion that Part
2
of-the claim should be reduced by offsetting other earnings of Claimant and by considering hex-u
work due to leave of absence from May
15 - June 28, 1976.
Carrier concedes
that it did not raise these matters nor any other issues relative to Part
2
of the claim in handling on the property or in it's submission or arguments
before the Board because it was so sure that it would prevail on the merits
in Part 1. Carrier urges however that we should now consider and rule in
it's favor on these matters, under the rubric of an "Interpretation", so
that ,justice and equity may be satisfied. Carrier also prays that we will
in that Interpretation reach and reject a claim for ten (10) percent interest upon her damages umier
22869
which Claimant has fled on the
property. The Organization maintains that both of Carrier overtures should
be rejected; the prayer to reduce damages for belatedness and the prayer to
deny interest for prematurity.
Carrier's motion that we consider and deny Claimant's separate and
independent claim for interest clearly must be rejected by this Board. That
matter has been handled as a separate claim on the property and moreover has
not yet been handled to a conclusion on the property and appealed to arbitration.
We simply have no jurisdiction to entertain the ratter at all, let alone in
the guise of an interpretation of another claim.
With respect to the request for an interpretation respecting damage
payable under Part
2,
we can well understand Carrier's desire to present the
question of offsets and compensatory dsrages. This Board and particularly
this Referee has not been reluctant to credit such arguments when they have
been raised and joined in timely fashion on the record. Despite ample opportunity in handling on the
questions were never raised until after the Award was finalized. As has so
often been held, the purpose of an Interpretation is to seek and receive
clarification of ambiguities or uncertainties in the Award but not to entertain new or overlooked ar
See Interpretation No. 1 in Awards
3-3365
(Serial No.
67); 3-5078
(Serial
No. 108); 3-6689; 3-19337
(Serial No.
261); 3-19062
(Serial No.
265); 3-21372.
See also Award
3-14162
(Opinion on Remand).
Careful review of our decision in Award
22869
and of carrier's request for interpretation reveals neither the existance nor even the colourabl
allegation of ambiguity or lack of certainty in the damages awarded. Part
2
of the claim was sustained as presented. The parties have in effect stipulated junior employe Ow
732
from
3/15/76
until
4/16/79
when Claimant Pomeroy displaced on to the position. Also, it is stipulated
that the compensation paid on Position No.
732
for March
15, 1976
through
April
16, 1979
Was
$42,194.90, (i.e "45.33
per day, begining Haxch
15, 1976,
and continuing on each and every day thereafter until such time as claimant
is assigned to the position. The claimed amount is subject to future wage
increases.") We find no ambiguity or lack of cewtainty in the Award sustaining Parts 1 and
2
of the claim. Accordingly we must reiterate Award
22869
and
our order of May
30, 1980.
Referee Dana E. Eischen, who sat with the Divisio:r as a neutral
member when Award No.
22869
was adopted, also participated with the Division
in making this interpretation.
NATIONP.L RAILROAD 0JUST= BOARD
By Order of Third Division
ATTEST: Acting Executive Secretary _
National Railroad Adjustment Boar , .
By
._~JL'J~ , . .
:o%e=arie Brasch - administrative Assistant
Dated at Chicago, Mlinois, th4_3 14th day of July 1982.