NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-26192
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
1. The Agreement was violated when the Carrier permitted Extra Gang
Laborer J. J. Kramer to displace Extra Gang Laborer D. A. Nivison on the B-1
Ballast Gang and retained junior employes on the B-1 Ballast Gang while Mr.
Nivison was required to become furloughed (System File 8(a) 4(h) R-1/800-46B-179).
2. As a consequence of the aforesaid violation, Mr. D. A. Nivison
shall be compensated for all wage loss suffered from October 10 through
October 20, 1983, both dates inclusive."
OPINION OF BOARD: As in Third Division Award 26578 involving the same Carrier
and Organization, this dispute deals with the question of
whether Carrier has correctly allowed seniority displacement on extra gangs.
In that case, the Board held that Schedule Rule 4(h), the Rule that allows
employes the right to displacement by seniority, does not distinguish between
Rail Gangs and Ballast Gangs and "is therefore not specific with respect to
displacement between such rosters." The Board further concluded that there
was no probative evidence that displacement between rosters ever occurred.
The Board finds Third Division Award 26578 to be on all fours with
the current case and sees no basis in the record for making a contrary determination.
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.
Award Number 26728 Page 2
Docket Number MW-26192
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. Deter - Executive Secretary
Dated at Chicago, Illinois, this 11th day of December 1987.