NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-25418
Eckehard Muessig, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Chicago Union Station Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9819) that:
1. Carrier violated the effective Clerks' Agreement when it failed to
award Position #205, Matron, to Ms. Laverne Reguli, the senior applicant;
2. Carrier shall now be required to compensate Ms. Reguli eight (8)
hours' pay at the straight time rate of this position in addition to any other
earnings, commencing on February 8, 1983, and continuing for each and every day
thereafter, Monday through Friday, that she is denied this position.
OPINION OF BOARD: In this dispute, the Organization contends that a bulletined
position was improperly awarded to another employe rather than
the Claimant. The Carrier contends that the Claimant's application for the position
was submitted after the closing time for bids and, accordingly, it was not properly
before it for consideration.
The Organization, for its part, asserts that the Claimant did submit a
timely bid. To arrive at this conclusion, it relies upon and cites fellow employes'
statements and other matters of record, which it considers relevant to its basic
contention.
The Board has thoroughly reviewed the many conflicting issues surrounding
the events leading to the awarding of the position under dispute. while the
Board is not unaware of the Claimant's contentions concerning what she was told
with respect to the submission of her bid for the position, we find that these
run counter to the weight of the record. The evidence shows her bid was signed
by her with a date of February 4, 1983, and a notation "6 p. m.". The period for
making application for the position expired at 12:00 noon, February 4. Moreover,
the statements of what occurred made by Carrier officials, with respect to the
circumstances surrounding the Claimant's failure to properly bid for the position,
were not substantively refuted by her.
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 not violated.
Award Number 25362 Page 2
Locket Number CL-25418
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 29th day of March 1985.