NATIONAL RAILROAD ADJUSTMENT BOARD
Award Number 25685
THIRD DIVISION Docket Number MW-25383
Hyman Cohen, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it failed to permit
Apprentice Foreman S. De Leon to displace a junior apprentice foreman at
Houston, Texas beginning September 3, 1982 (System File MW-82-198/361-25-A).
(2) Because of the aforesaid violation, Apprentice Foreman S.
DeLeon shall be allowed mileage expense (160 miles @ 23J per mile) for each
work day he is required to operate his personal vehicle between E1 Campo,
Texas and Houston, Texas.
OPINION OF BOARD: The Claimant established seniority as an Apprentice
Foreman on August 11, 1980. He served in this position at
Houston, Texas, until the position was abolished by the Carrier due to a
reduction of force. In filing the instant claim, the Claimant seeks reimbursement for mileage expens
to operate his personal vehicle between El Campo, Texas, and Houston, Texas.
After the Claimant's position was abolished, the Organization
contends that the Claimant sought an Apprentice Foreman's position in the
Houston area in order to work close to where he resides. According to the
Organization, Chief Clerk Simmons told the Claimant that the only position he
could bump into was on Extra Gang 215 located at E1 Campo, Texas, some 80
miles from Houston, Texas. As a result, the Claimant displaced Apprentice
Foreman Galvan on September 3, 1982.
Based upon the record, and contrary to the Organization's position,
the Claimant advised Chief Clerk Simmons that he wished to displace Apprentice
Foreman Galvan on Extra Gang 215 because it was his understanding that Extra
Gang 215 was a trailer gang; he also indicated to Chief Clerk Simmons that if
he bumped on a gang in Houston, he would be bumped again, which would cause
him to lose more time.
After the Claimant elected to bump into Extra Gang 215, in El Campo,
Texas, he was not informed that two of the notices by the Carrier to abolish
the Apprentice Foremen positions in Houston were rescinded. The Claimant also
received information that there were two (2) junior Apprentice Foremen that he
could have bumped in Houston, Texas. It should be underscored that the
Claimant had already made his decision to bump into Extra Gang 215 because it
was a trailer gang, and he had informed Chief Clerk Simmons of the reason why
he would not want to bump into a gang in Houston.
Award Number 25685 Page 2
Docket Number MW-25383
The Claimant satisfied the terms of Article 3, Section 1 (b) because
he exercised his seniority rights within 10 calendar days following the date
of displacement. Moreover, having volunteered to bump into Extra Gang 215,
the Claimant precluded himself from exercising his seniority rights under
Article 3, Section 1 (a) which provides that senior employees affected when
forces are reduced "may displace junior employees of their own rank or class
on their seniority district."
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:
ancy J er - Executive Secretary
Dated at Chicago, Illinois, this 14th day of
November 1985.
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