NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-26377
Edward L. Suntrup, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
( qouthern Region)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
1. The Carrier violated the Agreement when it recalled furloughed
Trackmen J. Allen, D. L. Sams, D. T. Forbes and R. M. Drewry, Jr. to permanent
positions on Southern Region Rail Force 1201 effective March 5, 1984 and then
furloughed them effective March 16, 1984 (System File C-TC-2263/MG-4571).
2. As a consequence of the aforesaid violation, Trackmen J. Allen, D.
L. Sams, D. T. Forbes and R.
M.
Drewry, Jr. shall be compensated for all regular and overtime wage loss suffered beginning March
through April 3, 1984."
OPINION OF BOARD: On "arch 5, 1984, Claimants were recalled as Laborers on
the Carrier's Southern Region Rail Gang, Force 1201. Nine
(9) days later the Claimants were furloughed. On April 3, 1984, the Organi
zation filed a Claim on behalf of the Claimants on the grounds that they
should have been allowed to work thirty (30) days unless displaced. The Claim
is for hours not worked between March 16, 1984, the effective date of the
Claimants' furlough, and April 3, 1984.
At bar is the correct Interpretation of current Agreements Rule 5(c).
This Rule reads, in pertinent part, as follows:
"When permanent vacancies or new positions are not
filled by employees already in the service, cut-off
men will be recalled to fill such positions in accordance with their seniority. The senior cut-off
man must return within ten days after being notified, unless prevented by sickness or injury, and
fill the pernanent position or forfeit all seniority. Where cut-off employees desire to be used to
perform temporary or extra work, they will notify
the Manager-Engineering or other corresponding
supervisorv ifficer in writing accordingly. Men requesting temporary or extra work which may arise,
will be recalled according to seniority, but if the
senior man 1s not available at the time the work
Award Number 26262 Page 2
Docket Number MW-26377
arises, any man available may be used until the senior man is available. For laborer positions o
must respond for thirty days' work or more or forfeit
seniority similar to the provisions of Rule 2(i)."
Study of this Rule does not persuade the Board that it places a requirement on the Carrier to wo
upon recall although the Rule does say that Laborers are required to return
to service when there are thirty (30) days of work or more available, or
forfeit seniority. Numerous Awards issued by the Board have precedentially
established that the Board has no authority to add to nor substract from
Agreements.
The Board is charged with the Interpretation of Agreements as written
(Third Division 20276, 20755, 21182). Such precedent reasonably applies to
the instant case and the Claim cannot be sustained.
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 ver - Executive Secretary
Dated at Chicago, Illinois this 20th day of March 1987.