NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-24663
Josef P. Sirefman, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Missouri-Kansas-Texas Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-9625) that:
"1. The Missouri-Kansas-Texas Railroad Company violated the current
Rules Agreement between the parties, including but not limited to DP-451, DP564-MKT, and the March 4
1981, to advertise and fill the added positions at Dallas, Texas, with former
Rock Island employes with first right of hire and failed to assign former
Rock Island employe Foster J. Owens to Position No. 30074 or allow him to
work that position until it was bulletined and assigned to a former Rock
Island employe with first right of hire.
2. Carrier shall now pay Mr. Foster J. Owens for all time lost
commencing with January 29, 1981, and continuing until Telegrapher/C1erk
Position No. 30074 is properly filled in accordance with the provisions of
the March 4, 1980, Agreement."
OPINION OF BOARD: A review of the record establishes that this Claim is
properly before the Board. It further establishes that
pursuant to the March 4, 1980, Labor Protective Agreement, the Organization
and the Carrier provided a contractual method for implementing the allocation
of seniority resulting from interim operations by the Carrier of certain Rock
Island trackage. Under this second agreement, effective November 1, 1980,
the Claimant did not possess seniority rights which would have entitled him
to the position claimed.
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 25482 Page 2
Locket Number CL-24663
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Ae~" ~
-Nancy-J. . er - Executive Secretary
Dated at Chicago, Illinois this 23rd day of May 1985.