Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27847
THIRD DIVISION Docket No. MW-26692
89-3-85-3-704
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:
(St. Louis Southwestern Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier used Tinner Foreman
M. Rauls from Seniority District 1 to perform tinning work on Seniority
District 2 beginning October 8, 1984 (System File MW-85-4-CB/53-77).
(2) Because of the aforesaid violation, in addition to what he was
paid at the tinner foreman's rate, Tinner Foreman S. E. Swaim shall be allowed
one hundred ninety-two (192) hours of pay at the tinner foreman's straight
time rate for the period October 8 through November 8, 1984 and eight (8)
hours of pay at the tinner foreman's straight time rate for each work day subsequent thereto on whic
District 2."
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.
Claimant has a Tinner Foreman seniority date of July 1, 1977, on
Seniority District 2 which covers territory South of Texarkana (MP 417.53).
M. Rauls has a seniority date of January 25, 1977, as a Tinner Foreman on
Seniority District 1 which covers the territory North of Texarkana (MP 417.53
to Illmo, Missouri).
For the period October 8 through November 8, 1984, Rauls performed
Tinner Foreman's work in Seniority District 2 including building and installing air ducts and other
As a result of Carrier's action, the Organization filed this Claim.
In it the Organization contends that Carrier violated Article 2, Section 2(a)
and Article 6, Section 1 of the Agreement when Rauls performed tinning work in
Seniority District 2. Those Rules read, in relevant part:
Form 1 Award No. 27847
Page 2 Docket No. MW-26692
89-3-85-3-704
"ARTICLE 2, SECTION 2(a) - Note: Seniority rights
of employees to new positions and vacancies are re
stricted to the districts having boundaries as fol
lows:
DISTRICT I - Territory north of Texarkana
(MP 417.53) to Illmo, Mo.
DISTRICT 2 - Territory south of Texarkana
(MP 417.53)
DISTRICT 3 - Territory Kansas City, Ks. to and
including E. St. Louis Yard, I11.
DISTRICT 4 - Territory Topeka to Tucumcari."
"ARTICLE 6 - SENIORITY ROSTERS, SECTION 1 -
Seniority rosters of employees of each subdepartment
by seniority districts will be separately compiled.
Copies will be furnished foremen and the General
Chairman and District Chairmen, and be posted in tool
houses, and other convenient places available for inspection by employees interested. Seniority rost
show the name of each employee and his seniority date
by classes."
The Organization maintains that these Rules require that the senior
employee be assigned the work within a particular district. Here, Claimant
was the senior employee in Seniority District 2. Thus, the Organization
concludes that Claimant should have performed the work in dispute.
Carrier, on the other hand, asserts that the Claim was procedurally
defective in that the Organization erroneously stated in the Claim that Claimant was furloughed duri
Claim period.
The Carrier also disputes the propriety of the Claim on the basis
that Claimant was fully employed during the period the disputed work was performed by Rauls. Since C
Carrier maintains that even if an Agreement violation is found, no monetary
relief should be awarded.
After a thorough review of the record evidence, this Board concludes
that Claimant was entitled to perform the work in dispute due to the clear and
unambiguous language of the Agreement. That language requires that assignment
in a seniority district is limited.to those employees holding seniority in the
district. Here, the work performed was Tinner Foreman work in District 2. It
belonged to the senior employee in that district. Claimant is that senior employee.
Accordingly, Claimant is entitled to 192 hours of pay.
Form 1 Award No. 27847
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89-3-85-3-704
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest~
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 13th day of April 1989.