NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number CL-24987
Edward L. Suntrup, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Maine Central Railroad Company
(Portland Terminal, Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9707) that:
1. Carrier violated the Agreement between the Parties when on June
30th thru July 4th, 1980, and July 14th thru the 18th, 1980, Clerk G. F.
Eisenhauer, was removed from covering a permanent vacancy after he had covered
said vacancy for one (1) day.
2. Carrier shall compensate G. F. Eisenhauer, Clerk, Rigby, Maine,
eight (8) hours' pay for each and everyday, June 30th thru July 4th, 1980,
and July 14th thru the 18th, 1980, because he was allowed to move up and
cover said vacancy for one (1) day and thereupon removed and ordered to return
to his regular assignment.
OPINION OF BOARD: Commencing on July 6, 1980 and thereafter a dispute arose
between the Carrier and the Claimant with respect to the
Claimant's rights, under the working Agreement, to fill certain temporary
vacancies. The total handling of this case on property dealt with differing
views of the Claimant's seniority rights as they related to these temporary
vacancies and to certain procedural questions related to how one should
properly apply for such temporary vacancies.
A study of the record by the Board establishes, however, that there
is no relationship of either fact or law between this dispute on property and
the Statement of Claim before this Board which reads, in pertinent part:
"Carrier violated the Agreement between the Parties when
on June 30th thru July 4th, 1980 and July 14th thru 18th,
1980, Clerk G. F. Eisenhauer was removed from covering a
permanent vacancy after he had covered said vacancy for
one (1) day
..."
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;
Award Number 25124 Page 2
Docket Number CL-24987
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor
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 not violated.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
o i~
Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 9th day of November 1984.
GZ
Ct;ica~°