Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28041
THIRD DIVISION Docket No. MW-27495
89-3-86-3-753
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Duluth, Missabe and Iron Range Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it failed to assign Mr.
W. Murphy to fill a temporary vacancy as track inspector on July 15, 18, 19,
20, 21 and 22, 1985 (Claim 37-85).
(2) Because of the aforesaid violation, Mr. W. Murphy shall be
allowed forty-eight (48) hours of pay at the track inspector's straight time
rate."
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.
On six days in July, 1985, Carrier assigned Class B Machine Operator
Brodin, whose headquarters point was Keenan, to a temporary vacancy of Track
Inspector at Keenan. Claimant, who was last assigned to work at Rainy Junction, but was now furlough
operator but with more seniority than Brodin as a Track Inspector, filed a
claim contending that he should have been called for the vacancy.
The method for filling such vacancies is prescribed in Rule 4(c) of
the Agreement, reading:
Form 1
Page 2
Award No. 28041
Docket No. MW-27495
89-3-86-3-753
"(c) Positions or vacancies of thirty (30)
calendar days or less will be filled in the
following order:
1) Bulletined relief position if established.
2) Senior qualified employee from the headquarter point where the temporary position or
vacancy occurs.
3) Senior qualified employee holding seniority
in the classification."
It is our view that the Rule was administered correctly when Carrier
used Brodin, rather than Claimant to fill the vacancy. Inasmuch as a bulletined relief position had
attempt be made to fill the assignment under item 2. Brodin was a qualified
employee from the headquarter point where the vacancy occurred. As such he
had preference to the vacancy over Claimant, who while qualified, was not from
the headquarter point where the vacancy occurred. Claimant's entitlement was
under item 3 - as the Senior qualified employee holding seniority in the
classification. However, the vacancy was filled before it was necessary to
move to step 3.
The language of the Rule sets out the order in which the vacancy is
to be filled and it was followed in this case. The Claim is without merit.
Claim denied.
Attest:
Nancy J. e - Executive Secretary
Dated at Chicago, Illinois this 10th day of August 1989.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division