Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27133
THIRD DIVISION Docket No. SG-27364
88-3-86-3-594
The Third Division consisted of the regular members and in
addition Referee John E. Cloney when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Consolidated Rail Corporation (Conrail):
On behalf of Brother D. J. Morgan, that he should be assigned to the
position of Foreman Project Gang and paid the difference between the Foreman's
rate ($1.78 per hour) beginning on January 30, 1985 and continuing until he is
assigned the foreman position, account of Carrier violated the Signalmen's
Agreement, as amended, particularly Rule 2-A-1(d), when it did not assign him
in accordance with the Rule. Carrier file: SD-2217."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employees involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
On January 11, 1985, a bulletin advertised a foreman position at
Seward, Pa. Claimant bid on the position whereas, the employe assigned did
not, Claimant does not have seniority in the Foreman's class, but the employe
assigned did.
Rule 2-A-1(d) provides:
"Awards will be made within ten (10) calendar days
after the close of the advertisement period to the
senior bidder in the class. If there are no bids
from employees who possess seniority in the class,
Rule 3-B-2 will govern. Assignment to the position
will be made within ten (10) calendar days
Form 1 Award No. 27133
Page 2 Docket No. SG-27364
88-3-86-3-594
following the date the position is awarded. Notice
of awards will be posted at the headquarters
involved. A furloughed employee will be considered
as having bid for any position or vacancy not
requiring a change in residence. If he is the
senior bidder in the class, the position will be
awarded to him. If such employee fails to report
for the position, within ten (10) calendar days, he
shall forfeit his seniority in that class and in
all higher classes, unless such position is
expected to be of less than ninety (90) calendar
days duration."
As the Rule provides furloughed employees will be considered as
having bid, and as the senior qualified employee was assigned, as having been
an automatic bidder, we see no violation of the agreement.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attes .
V
Nancy J pIler - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of June 1988.