NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-24656
George V. Boyle, Referee
(Thomas Pike, Clerk
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM:
"1) Carrier violated provisions of the BRAC Agreement when on July 1,
1981, it assigned Mr. G. E. Everton to position of Crew Dispatcher ((110 at Portland,
Oregon.
2) Carrier shall now compensate Mr. T. M. Pike, Clerk, Portland, Oregon
eight (8) hours pay at prorata rate of position #110 beginning July 1, 1981,
and for each and every day thereafter he is withheld from position #110. This claim
to be in addition to a11-other compensation received by Air. Pike."
OPINION OF BOARD: An employee in position #110, named Everton, exercised his option
to displace a junior employee in position #111 when his work
week was changed. While he was working there his vacant position was bulletined
and Clerk Pike was the senior bidder. However, in the interim before the vacancy
was filled, Everton was disgualified from position #111. He was then returned
to his former position #110 which the claimant alleges was his by right of bid.
The claim asserted in this case is predicated upon a portion of Rule 11
of the agreement. Rule 11 reads as follows:
"Rule 11. Former Position Vacant
when an employee bids for and is awarded a bulletined permanent position.,
his former position will be considered vacant, and will be bulletined
in accordance with Rules 9 and 10. Such employee will not be eligible
to bid upon the vacancy thus created by him until it has been filled
by bulletin at least once, unless tyre are no bidders in the seniority
district upon such vacancy or unless the employee awarded the new
position is displaced therefrom during the period his former position
is under bulletin."(Emphasis added.)
Upon a review of the entire rule we find that the claimant's position
is not supported by the rule. Hence the claim advanced must 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 24849
Locket Number MS-24656 Page 2
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:
Nancy er - Executive Secretary
Dated at Chicago, Illinois, this 28th day of June, 1984