NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number SG-25182
Robert W. McAllister, Referee
_ (Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad
Signalmen on the Chesapeake & Ohio Railway Company.
(a) Carrier violated the parties' Signal Agreement, as amended,
particularly Seniority Roster Rule 39, when the 1982 Seniority Roster for the
Huntington Seniority District showed Michael Charles Guthrie, C&O ID No. 2611091,
as having seniority on that district when in fact Guthrie is working for the
Baltimore & Ohio Railroad Company (B&O).
(b) Since Michael Charles Guthrie is not employed on the Chesapeake
& Ohio Railway (C&0) he has forfeited all seniority previously held on the C&O
Huntington Seniority District pursuant to Promotion to Official Position Rule
44. As a result, Guthrie's name and seniority date should be removed from the
1982 and future Seniority Rosters issued for the C&O Huntington Seniority District.
[Carrier file: SG-659, S-2-3, S-2-1. General Chairman file: 82-8-CD (1 )J
OPINION OF BOARD: The claim before the Board asserts that Michael Guthrie
is not employed by the Carrier and has, accordingly, forfeited
all rights to seniority held on the Huntington Seniority District as per Rule
44, Promotions to Official Positions, as follows:
"Employees promoted to official or supervisory positions
with the Railway Company and employees accepting official
positions with the Brotherhood of Railroad Signalmen
shall retain and continue to accumulate seniority rights.
They may exercise displacement rights in the order set
forth by Rule 41 in event their positions are abolished
or they are demoted, provided displacement is made within
thirty days of abolishment of position or demotion unless
prevented by sickness or injury, or leave of absence
is secured under Rule 45.·
The Carrier responds that Guthrie has at all times since his promotion
in January, 1977, been a Chesapeake and
Ohio
employe, worked under the direction
of the Chesapeake and
Ohio,
and paid by the Chesapeake and Ohio. The Organization
contends Guthrie was, in July of 1981, promoted and assigned to a supervisory
position on the Baltimore and Ohio Railroad at Dayton, Ohio. Additionally, the
organization argues the language of Rule 44 and reference to the Railway Company
means the Chesapeake and Ohio Railway Company. Accordingly, as an employe of
the Baltimore and Ohio, Guthrie has no contractual basis for retaining seniority.
A collateral issue was also raised by the Organization regarding a claimed
Carrier proposal in July of 1980 which would have deleted reference to ·Railway
Company' and substituted ffThe Chessie System or the Family Lines System.· The
record discloses that the proposal was actually in response to the Organisation's
Section 6 Notice of January 2, 1981, and was discussed in conference on January
6, 1982.
Award Number 25506 Page 2
Docket Number SG-25182
Notwithstanding the above, this Board finds the record before us
fails to establish the Organization's basic contention, which is that Guthrie
was not an employe of the Chesapeake and Ohio, but was an employe of the Baltimore
and Ohio. The numerous assertions made in the on-the-property handling to that
effect are not backed up with substantial probative evidence. We will, therefore,
decline this 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 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.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy .;016ver - Executive Secretary
Dated at Chicago, Illinois, this 13th day of June 1985.
