Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27999
THIRD DIVISION Docket No. CL-26649
89-3-85-3-572
The Third Division consisted of the regular members and in
addition Referee Dana E. Eischen when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Elgin, Joliet and Eastern Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10044) that:
1. Carrier violated the effective Clerks' Agreement when on June 7,
11 and 12, 1984, and subsequent dates thereafter, Carrier failed to call
senior furloughed employe J. D. Hairston for short vacancies but rather,
called an employe junior in service to Claimant;
2. Carrier shall now compensate Mr. Hairston for eight hours' pay at
the straight time rate of Position GT-191 for June 7, 1984; and for each and
every day thereafter that Carrier fails to call Claimant in accordance with
his seniority. Dates and amounts to be determined by a joint check of Carrier
records."
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.
In early June 1987, a temporary or short term vacancy arose on
Position GT-191, Chief Yard Clerk, and on Position GT-192, Assistant Chief
Yard Clerk, both at South Chicago, Illinois. Those openings were occasioned
by the regular incumbents' temporary unavailability to work those positions at
Carrier's facility within the confines of the South Works Steel Mill of U.S.
Steel.
Form 1 Award No. 27999
Page 2 Docket No. CL-26649
89-3-85-3-572
At the time the short vacancies arose Claimant, with seniority date
of April 29, 1971, and another employee with seniority date of April 25, 1972,
both were in furlough status. Carrier recalled the junior employee rather
than Claimant to cover these short vacancies and the Organization filed this
claim alleging violation of his rights under various Agreement Rules:
"RULE 7
EXERCISE OF SENIORITY
The exercise of seniority in all instances is
subject to the provisions of Rules 8 and 16."
"RULE 8
PROMOTION, ASSIGNMENTS AND DISPLACEMENTS
Employes covered by these rules shall be in line
for promotion. Promotion, assignments and displacements shall be based on seniority, fitness
and ability; fitness and ability being sufficient, seniority shall prevail.
NOTE: The word 'sufficient' is intended to more
clearly establish the right of a senior
employe to bid in a new position or
vacancy where two or more employes have
adequate fitness and ability. An employe
shall be considered as having adequate
fitness and ability when he has reasonable fitness and ability to perform the
duties of a position under proper supervision and direction, and need not have
immediate fitness and ability resulting
from actual past experience in performing the work incident to a particular
position."
"RULE 11
SHORT VACANCIES
(a) Vacancies of less than twenty-five (25)
calendar days duration shall be considered
short vacancies and may be filled without
bulletining. When there is reasonable evidence that such vacancies will extend beyond the twenty-fiv
limit, they shall be promptly bulletined,
showing probable or expected duration.
Form 1
Page 3
Award No. 27999
Docket No. CL-26649
89-3-85-3-572
(b) Employes shall be selected to fill positions pending assignment by belle-_n and
all short vacancies in accordance with
Rules 8 and 19."
"RULE 19
REDUCING AND INCREASING FORCE
(g) When forces are increased or vacancies
occur, furloughed employes shall be
returned to service in the order of their
seniority rights. Such employes, when
available shall be called in seniority
order for all extra work, short vacancies
or vacancies occasioned by the filling of
positions pending assignment by bulletining
which are not filled by employes' voluntary
rearrangement of regular forces. When a
bulletined new position or vacancy is not
filled by an employe in service senior to
a furloughed employe who
Ls
protected his
seniority as provided in this rule, the
senior furloughed employe shall be called
and assigned to the position
....
There is no question from the record evidence that the junior recalled employee was qualified, on th
South Works, to cover the two positions under Rule 19. The Organization,
however, maintains that Claimant also was qualified and therefore should have
been given priority in recognition of his seniority. In this state of the
record, the burden is upon the Organization to show that he was qualified to
perform the principal listed duties of the two (2) positions:
"CHIEF YARD CLERK
POSITION GT-191
Supervision of yard clerical work at South
Chicago. Preparation of yard clerical payroll
and miscellaneous clerical work as directed.
Form 1 Award No. 27999
Page 4 Docket No. CL-26649
89-3-85-3-572
ASSISTANT CHIEF YARD CLERK
POSITION GT-192
General supervision of yard clerical work and
janitor work. Filling of vacancies and maintaining related work records and calling
records; checking cars and checking inbound and
outbound trains and prepare train checks and
miscellaneous yard clerical work as directed."
The Organization places primary reliance upon the fact that Claimant was
allowed in 1980 to bid, under Rule 16, onto Position GT-1161-R, a regular
relief position which relieved, among others, an Assistant Chief Yard Clerk
job at South Chicago. Under terms of Rule 16, Time in Which to Qualify,
Claimant was allowed up to sixty days to be trained and qualified for that
position. After only two (2) days, however, Claimant gave up the position at
South Chicago and elected to return to a janitorial position at Gary, Indiana.
In our considered judgment, Claimant has not demonstrated by a
preponderance of the evidence that he was qualified in June 1984 to perform
the principal duties of the Chief Yard Clerk and Assistant Chief Yard Clerk
positions at South Chicago. Accordingly, his claim of Agreement violations in
this case must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
attest: C'
Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 31st day of July 1989.