Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27332
THIRD DIVISION Docket No. SG-26505
88-3-85-3-241
The Third Division consisted of the regular members and in
addition Referee Martin F. Scheinman when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Burlington
Northern Railroad Company:
On behalf of Signalman K. L. Williams for $94.80, account of Carrier
violated the Scheduled Agreement, particularly Rule 16, and the National Vacation Agreement, Article
Mississippi. General Chairman File: F-84-366."
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 employes 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.
The relevant facts of this case are not in dispute. On March 5,
1984, Carrier assigned an employee, junior to Claimant, to relieve the vacationing CTC Signal Mainta
handled in the usual manner on the property. It is now before this Board for
adjudication.
The Organization contends that Carrier violated principle of seniority in not calling Claimant i
refutes this contention. Therefore, it asks that the claim be sustained in
its entirety.
Carrier contends that in the past, Claimant has exhibited hostility
and unavailability towards the 24 hour per day availability requirement. Thus
it insists, it had every right to bypass Claimant and select a junior employee
for the vacation relief position. Therefore, Carrier asks that the claim be
rejected.
Form 1 Award No. 27332
Page 2 Docket No. SG-26505
88-3-895-3-241
A review of the record convinces this Board that the claim must be
sustained. The record established on the property demonstrates that Claimant,
though senior, was not called for the vacation relief position in question.
Clearly, Carrier was required to do so absent unusual circumstances to the
contrary.
The Board notes Carrier's contention that Claimant had demonstrated,
prior to the day in question, his unwillingness to perform relief work (See
Carrier Exhibit 8, dated May 12, 1984). However, that letter was not part of
the record developed on the property and, thus, cannot be considered by this
Board. Had that document been raised on the property, a different result
might be warranted. However, based on the record before us, the claim must be
sustained.
A W A
R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. - Executive Secretary
Dated at Chicago, Illinois, this 30th day of August 1988.