Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28228
THIRD DIVISION Docket No. CL-27334
89-3-86-3-550
The Third Division consisted of the regular members and in
addition Referee Edward L. Suntrup 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-10111) that:
1. Carrier violated the Clerks' Agreement when it refused to allow
Clerk V. A. Delay to displace junior employe on position of Star Agent,
Auburn, Nebraska, effective July 16, 1984.
2. Carrier's action in the instant case is in violation of Rule 2,
Paragraph 2, Rules 4, 7, 13, 14 and 18 of the Agreement between the parties.
3. Carrier shall now be required to place Claimant Delay on the
position of Star Agent, Job No. 847, Auburn, Nebraska, compensating him at the
rate of said position, $2,673.75 per month."
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 3, 1984, the Organization filed a Claim on behalf of the
Claimant alleging that the Carrier was in violation of several Rules of the
Agreement, in particular Rule 2, Paragraph 2, which reads in pertinent part:
"The following agency positions will remain Star
Agency positions as long as the present incumbents remain assigned to said positions, but
when the present incumbents are separated from
said positions for any cause, including, but not
Form 1 Award No. 28228
Page 2 Docket No. CL-27334
89-3-86-3-550
limited to, resignation, death retirement, dismissal, or displacement through the exercise of
seniority pursuant to Rule 14, said positions
will become subject to all the rules of the consolidated Agreement, except this Rule 2, and the
daily rate of $44.41 will apply, subject to subsequent general wage adjustments."
The Organization contends that by denying the Claimant the right to displace a
junior employee on the position of Star Agent at Auburn, Nebraska, the Carrier
violated Rule 2. Remedy requested is that the Claimant be placed in the position at the applicable r
The Board has held on numerous occasions that agreements between the
parties must be viewed as a whole in determining their application to particular situations. Paragra
Organization's Claim. But the Board cannot apply this portion of the Agreement while ignoring Rule 2
"(e) Positions marked with a star * are to be
filled jointly by the Operating, Traffic and
Accounting Departments from the ranks of employes covered by this Agreement in the employ of
the Carrier who have accumulated one year or
more of seniority under this Agreement except as
hereinafter provided. Vacancies in these positions will be bulletined to the seniority district with
period of seven (7) days, and will be filled
within thirty (30) days. All employes covered
by this agreement holding seniority in the
seniority district where such vacancies occur
shall have the right to apply for such vacancies
but consideration will be given only to those
applicants who have accumulated one year or more
of seniority." (emphasis added)
Rule 2(e), therefore, creates an exception that allows the Carrier to reject
bids for such positions when the bidder is not approved by the Operating,
Traffic and Accounting Departments. Such happened here. The Claim must,
therefore, be denied. Public Law Board No. 3314, Award No. 5, on this property, betwee
striking similarities.
Form 1 Award
No.
28228
Page 3 Docket
No.
CL-27334
89-3-86-3-550
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. D v -Executive Secretary
Dated at Chicago, Illinois, this 4th day of December 1989.