Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27336
THIRD DIVISION Docket No. MW-26675
88-3-85-3-423
The Third Division consisted of the regular members and in
addition Referee Martin F. Scheinman when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation
(Amtrak) - Northeast Corridor
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it failed to properly
advertise B&B Department positions on the Philadelphia Division thereby
depriving Messrs. T. R. Hudson, W. Callahan, G. A. Smith, S. Tiberi and R. T.
James the opportunity to establish proper ranking on the Southern District B&B
Department Seniority Roster in accordance with their basic seniority (System
Dockets NEC-BMWE-SD-1181, 1182, 1183, 1184, 1186 and 1195).
(2) As a consequence of the aforesaid violation, the Southern District B&B Department Senior
seniority of the claimants in accordance with the roster protest letter* filed
by each of the claimants, respectively dated:
Claimant Date of Roster Protest Letter
T. R. Hudson June 27, 1984
W. Callahan June 26 and 27, 1984
G. A. Smith June 13, 1984
S. Tiberi June 25, 1984
R. T. James Undated - received by
Amtrak June 25, 1984.
*The letters of roster protest will be reproduced within our initial
submission."
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 were given due notice of hearing thereon.
Form 1 Award No. 27336
Page 2 Docket No. Mw-26675
88-3-85-3-423
The relevant facts of this claim are not in dispute. Claimants are
regularly employed in Carrier's Philadelphia Division. The Organization filed
roster protests in mid to late June of 1984. It alleged that Carrier had
improperly failed to advertise positions in the Philadelphia area. Carrier
timely denied this allegation. The claim is now before this Board for adjudication.
The organization submits that the April 30, 1976, Agreement requires
Carrier to "advertise positions throughout the entire 'Consolidated Seniority
Roster' area." In the Organization's view, Carrier's failure to do so has
resulted in junior employes with less total Carrier service, possessing greater seniority than more
Carrier, on the other hand, asserts that its actions were proper.
The Memorandum of Agreement does not require, in Carrier's view, that positions established in other
work zones. Carrier argues that advertising was proper under Rule 14(c) in
that positions available within a zone were advertised within that zone.
Accordingly, Carrier asks that the claims be denied.
After careful review of the record evidence, this Board is convinced
that the claims must be denied. This is true for several reasons.
First, Rule 3 requires that Carrier advertise positions "for a period
of seven days at the headquarters of the gangs..." There is no evidence in the
record to indicate that Carrier was not in full compliance with this Rule.
Second, Rule 14 provides that positions are to be advertised in the
Track Department and Bridge and Building Department on the basis of the "working zone." The Organiza
positions on a district-wide basis. The clear language of the Agreement contradicts this interpretat
this Board does not possess the authority to modify the Agreements of parties
to achieve an unintended result. (Third Division Awards 1248, 8073, 16489,
17474.)
The clear language of Rule 14 supports Carrier's advertisement of
positions solely within the work zone. As such, we must conclude that Carrier
acted properly.
Accordingly, and for the foregoing reasons, the claim must be denied.
A W A R D
Claim denied.
Form 1 Award No. 27336
Page 3 Docket No. MW-26675
88-3-85-3-423
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. - Executive Secretary
Dated at Chicago, Illinois, this 30th day of August 1988.