NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Docket Number
MS-22817
Richard R. Masher, Referee
(Irene O'Neil
PARTIES TO DISPUTE
DISP=:
(Chicago., Milwaukee, St. Paul and Pacific Railroad Company
STl1THMT OF CLA24: "I was displaced from my job as an Asst. Oonsole operator
paying
$68.00
a day. I was told that I could bid on any
job in the railroad as long as I had more seniority than the person involved.
I chose to bump on a Reconsigaing Job paying
$57.00
a day because I had
worked there before and the hours were better for my children. I was guaranteed sty preserved rate a
$68.00
a day no matter what job I chose. My
nee supervisor Gil Boerner waited until I started on the job before he told
me he would not pay me my guaranteed rate."
OPINION OF BOARD: The Claimant was displaced from her regularly assigned
position, Assistant Console Operator, No.
23170,
by a
senior employe on November
17, 1977.
The daily rate of pay for Position
No. 23170
was
$68.5240.
On the sec day the Claimant exercised seniority
to Position
03150,
Tracing & Reconsigning Clerk. the daily rate of pay
for Position
03150 was $57.1848.
The instant claim arose when, after reporting to her new position
on November 21,
1977,
the Claimant was told that she was not entitled to a
protected rate of pay and that she would receive the rate of
$57.1848
not
her previous rate oaf
$68.5240.
The Claimant contended that she was told by
supervision on Novel
17, 1977
that she could bump onto any position, provided she had sufficient seniority, without a reduction in
The claim aunt be denied. The
ERAC
Protective Agreement, Article V,
Sections 1(a) and 1(g) provide that, if an employe is unable, in the normal
exercise of seniority rights, to obtain a position producing campensation,eqaal to
or exceeding the compensation of the.regularly assi.gnad position, thou sqch employs h
entitled to receive the difference between the rate of the farmer position and
the rate of the position to which the employe displaced. Here, however, the
Claimant could have displaced onto Position
23120,
Console Operator, which
carried a rate of pay of
$70.8064, $2.2824
more per day than her former position.
While it is unfortunate that the Claimant say have not understood her displacement rights, it has no
Award Number 23213 Page 2
Docket Number MS-22817
astray regarding her obligations to exercise seniority to the higher
rated position. Claimant alone was responsible to preserve her protected
rate., and the Agreement is clear and unambiguous in its description of
this responsibility.
FnfDINGS: 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 Employee involved in this dispute
are respectively Carrier and. Rmployes within the meaning of the Railway
Labor Act, as approved Jane 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 ADJUSTMT BOARD
By Order of Third Division
ATTEST:
4a.Al
Dated at Chicago., Illinois,, this 16th day of march
1981.