NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MS-25949
John E. CZoney, Referee
(Sean D. Ferris
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"Denial of Seniority concerning the 1982 Roster covering M. O. Lubricator,
Page 137 of the Central Region, Pittsburgh Division."
OPINION OF BOARD: Claimant Ferris contends he has been improperly denied
"Seniority concerning the 1982 Roster covering M. O.
Lubricator..." which he believes should carry forward to a newly established
classification of Lubricator-Maintainer.
Carrier contends there had been no Lubricator-Maintainer Roster in
the Pittsburgh area prior to February 1982 although work similar to the work
of that classification may have been performed. On March 29, 1982 the
position of Lubricator-Maintainer was advertised as a "new position" in MW
Track Advertisement No. 40.
Claimant bases his claim on his seniority as an M. 0. Lubricator
which he argues is really the same job. The Carrier contends no one obtains
seniority in a classification without bidding on and being awarded a job in
that classification. Carrier further notes the organization did not advance
this claim, and is in agreement with its position and therefore no issue
subject to the jurisdiction of this Board exists. Claimant points out there
is no evidence of such agreement.
This Board notes, in agreement with Claimant that there is no
evidence that the Organization is in agreement with the Carrier's position.
While the failure of the Organization to advance the claim may be suggestive
it certainly is not conclusive on that point.
Thus this Board will consider the claim on its merits. The
evidence does not establish that Grievant ever bid on, or was awarded the
position of Lubricator-Maintainer. Seniority is a creature of agreement and
must be obtained by virtue of the Agreement's provisions. That did not
happen here.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
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;
Award Number 25834 Page 2
Locket Number MS-25949
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 ver`- Executive Secretary
Dated at Chicago, Illinois, this 13th day of January 1986.
GC~V E D
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