NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-25879
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Consolidated Rail Corporation:
On behalf of P. J. Rozzo for compensation for days during December
1982 on which junior employees worked in the Cleveland area, plus pay for
Christmas Eve Day, Christmas Day, and New Year's Day (January 1, 1983).
System Docket 2067, Western Region Case 2-83-C.
OPINION OF BOARD: The Claimant is employed by the Carrier at its facility
located in Cleveland, Ohio. He was furloughed from
November 30, 1982 to January 2, 1983. On December 31, 1982 the Carrier
assigned two (2) junior employees for temporary work in the Cleveland area.
As a result, the Claimant seeks lost wages for December 21, Christmas and New
Year's Day due to the alleged violation of Rule 2-A-3(a) which provides as
follows:
"2-A-3. (a) When positions or vacancies
not subject to advertisement and advertised
positions or vacancies prior to their assign
ment are filled, they shall be filled by the
senior available employees reduced or furloughed
who have signified their desire to be so used."
In order to estabish a violation of Rule 2-A-3 (a) the Organization
must prove the following: 1) A position or vacancy not subject to advertisement; or an advertised po
2) The Claimant is the senior available employee reduced or furloughed; and
3) He has "signified" his "desire to be so used".
Only the last requirement of Rule 2-A-3 is in dispute namely,
whether the Claimant has "signified" his "desire to be so used". The Claimant
responded to a call for temporary work on May 6, 1982 and between November 16
and 29, 1982. The Board has inferred that the Claimant may have been under the
impression that prior use when called upon to fill a temporary position
signifies a desire to be used in the future. Limiting this decision to the
facts of the instant case, the Board concludes that the Claimant signified his
desire to perform temporary work because of his willingness when called upon,
to have filled temporary assignments on a few occasions, in the past.
However, the Board is very much aware that the Claimant did not
inform the Carrier, either verbally or in writing, that he wished to be considered for the temporary
decision, the Claimant is placed on notice, that some affirmative evidence,
Award Number 25690
Docket Number SG-25879
Page 2
other than having filled a temporary position on a few occasions, will be
required in the future, to signify his desire to be used in filling a position
as provided in Rule 2-A-3 (a).
The Organization has failed to prove that the Claimant qualified for
holiday pay for Christmas, 1982, and New Year's Day, 1983. Accordingly, the
Claimant is entitled to receive lost wages for December 21, 1982.
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 violated.
A W A R D
Claim sustained in accordance with the Opinion.
00,
Attest: i
Nancy J ver - Executive Secretary
Dated at Chicago, Illinois, .this 14th day of November 1985.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
