NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-23237
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that;
(1) The Carrier violated the Agreement when it improperly closed
the service record of Richard Dismuke (System File A-9526).
(2) Richard Dismuke be returned to service with seniority and all
other rights unimpaired and he shall be compensated for all wage loss suffered."
OPINION OF BOARD: The record shows that prior to September 12, 1977 Claimant
was employed as a trackman, Class 1, on Gang 253, with
headquarters at Aliceville, Oklahoma. Effective September 12, 1977 he was
displaced from his regular position as trackman, at which time he filed his
name and address in accordance with Rule 78 of the applicable Agreement.
While cut off as a trackman, Claimant, on February 7, 1978, made
application for a Class 2 trackman-driver position on System Tie Gang T-2-11.
He was awarded the position on February 23, 1978 but failed to report and protect
the assignment. The Claimant contends that he was never notified of assignment
to the position of trackman-driver. His record was subsequently closed because
of failure to protect the trackman-driver assignment.
The Organization points out that trackman and trackmen-drivers are in
separate classes under Rule 5, and contends that, under the Agreement, Claimant's
actions with respect to the trackman-driver position (Class 2) could not and did
not affect his seniority as trackman (Class 1).
The Board considers the Organization's contention correct and finds that
the Carrier was in error in closing Claimant's record as a trackman in 1978.
We will award that Claimant's seniority as trackman (Class 1) be restored,
but that Claimant not be awarded any compensation.
_ Award Number 23083
Docket Number rb1-23237 Page 2
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 to the extent indicated in Opinion
A W A R D
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
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Dated at Chicago, Illinois, this 15th day of December 1980.
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