NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-26267
Herbert L. Marx, Jr., Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
(Southern Region)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned junior
B&B Mechanic
K. Brown to fill a temporary vacancy as foreman-inspector at
Huntington, West Virginia on October 6, 1983, instead of assigning and using
B&B Mechanic
I. Wiley, who was senior, available, willing and qualified to
fill that vacancy (System File C-TC-1987/MG-4421).
(2) Because of the aforesaid violation, Mr. I. Wiley shall be
allowed the difference between what he should have been paid at the foremaninspector's rate and what
hours."
OPINION OF BOARD: On October 6, 1983, the Carrier assigned a B&B Mechanic
junior to the Claimant to replace for one day another
employee serving as Foreman-Inspector overseeing the work of an outside
contractor. The Organization contends that the Claimant should have been
selected for the one-day assignment, based on his seniority and, according to
the Organization, his availability and qualification. The Organization relies
on Rule 2(b), which reads as follows:
"(b) Service Rights -- Rights accruing to
employees under their seniority entitle them to
consideration for positions in accordance with
their relative length of service with the Railway Company as hereinafter provided."
The Organization properly notes that this Rule grants seniority
preference in a variety of situations, including temporary vacancies.
However, Carrier points out that Claimant was assigned to an
on-going project.
The record before us reveals that Carrier in the exercise of discretionary judgment concluded th
day vacancy and the Organization has failed in its burden to prove a violation
of the Agreement.
Award Number 26446 Page 2
Docket Number MW-26267
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 J. r - Executive Secretary
Dated at Chicago, Illinois, this 24th day of August 1987.