Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28199
THIRD DIVISION Docket No. CL-28261
89-3-88-3-33
The Third Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10229) that:
1. Carrier violated the agreement between the parties in particular
Rule 7 as amended, effective September 7, 1982 when it required Clerk L. F.
Hall to train on Position No. 117 and failed and refused to compensate her
accordingly (Carrier's File No. 87038).
2. Carrier shall now be required to compensate Clerk L. F. Hall for
thirteen (13) days' pay at one half the rate of Position No. 117 or her protected rate, which ever i
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 September 24, 1986, by Bulletin No. 7, the Carrier abolished the
Claimant's position effective September 29, 1986. By letter of October 1,
1986, the Claimant requested permission to displace a junior clerk pending
qualification of Job No. 117. The Carrier granted this request. The Organization asserts the Carrier
fact the training period took eighteen (18) days.
Form 1 Award No ..28199
Page 2 Docket No. CL-28261
89-3-88-3-33
The Carrier denies any Agreement violation. The Carrier argues the
Claimant was qualified on seven other positions carrying equal or higher pay.
Rather than bid on these positions, the Carrier contends the Claimant chose to
displace onto Job No. 117, for which she was not qualified. Accordingly, the
Carrier charges her voluntary election cannot be considered to be the direct
result of the Carrier's abolishment of her former position. Since it permitted the Claimant to train
compensated the Claimant as specified under Section (7) of the Training Agreement dated August 19, 1
earnings is purportedly "time lost voluntarily."
The August 19, 1982, Training Agreement clearly does not apply to the
voluntary exercise of seniority. This Board, however, finds little merit in
the Carrier's complaint that this Claimant chose to exercise her seniority on
a position for which she was not qualified, thereby nullifying the contested
provision of the 1982 Training Agreement. The record establishes the Carrier
abolished the Claimant's position effective September 29, 1986. Thus, her
displacement is a result of the abolishment of her job. This action does not
fall within any exceptions set forth in the 1982 Training Agreement. The
Claimant did not voluntarily leave her position because of a change in assigned hours nor did she vo
further supported by the Board's reasoning set forth in Third Division Award
26126.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attes
Nancy J r - Executive Secretary
Yff
Dated at Chicago, Illinois, this 20th day of November 1989.