NATIONAL RAILROAD ADJUSTMENT BOARD
· THIRD
DIVISION Docket Number CL-23117
Joseph A. Sickles, Referee
(Brotherhood of
Railway,
Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Des Moines Union Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8873) that:
1) Carrier violated the Clerks Rules Agreement at Des~Moines,
Iowa, when it failed and/or refused to honor Employs L. R. Kaiser's request
to work vacation vacancy on Freight Inspector Position from May
30, 1978
through June
30, 1978.
2) Carrier shall now be required to compensate Employe L. R.
Kaiser an additional eight (8) hours at the pro rata rate of Freight Inspector
Position for each workday May 30,
1978
to and including June 30,
1978.
OPINION OF HOARD: The Claimant, a regularly assigned Relief Clerk, re
quested that he be allowed to work vacation relief on
the Freight Inspector position for a one-month period. The request was denied.
The Organization asserts that if, under Article 12(b), the terrier
fails to use a regular relief employs, it must "make as effort" to observe the
principle of seniority in filling the vacation vacancy. Article 12 (b) states:
"Article 12
(b) As employes exercising their vacation privileges
will be compensated under this agreement during their absence on vacation, retaining their ot
had remained at work, such absences from duty will not constitute 'vacancies' in their positions und
When the position of a vacationing employs is to be filled
and regular relief employs is not utilized, effort will be
made to observe the principle of seniority."
We have noted that in the initial denial of the Claimant's request,
he was advised that the arrangements made to provide the relief coverage were
aimed at accomplishing the work "in the most efficient meaner."
Award Number 23358 Page 2
Docket Number CL-23117 !
In subsequent correspondence, the same Carrier Official raised
the question of qualifications to perform the duties and -thereafter, the
General Manager recited an asserted past practice of moving employee
around "to get the best qualified employs on the vacation position."
In response, the Employes presented information which sought to
demonstrate qualifications to perform the work. The Carrier disputed that
contention, pointing out that the Employe had not presented any information
indicating that he had ever worked the Freight Inspector's position and it
reiterated the concepts of past practice.
We have considered the Organization's presentation is this case
and we have noted that the Carrier has altered its positions as the matter
was presented on the property. Nonetheless, the (terrier has presented all.
of its various defenses while the matter was under review on the property.
Whether framed in the concepts of Article 12 or of the past practice, we
are of the view that the Employee have not presented to us the basis for
a sustaining award, and accordingly we will deny the claim.
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 sad the Employes involved in this dispute
are respectively Carrier sad Employes within the meaning of the Railway
Labor Act, as approved June 21, 19347
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated. ~-i -' (, - j ~ ^ ' -
A F A R D ~~
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Claim denied. ~ °~ Gi`ce
NATIONAL RAILROAD ADJUSMNT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 14th day of August 1981.