Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28278
THIRD DIVISION Docket No. SG-28442
90-3-88-3-235
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(Chesapeake and Ohio Railway Company)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brother
hood of Railroad Signalmen on the Chesapeake and Ohio
Railway Company (CSO):
Claim on behalf of Signalman Dennis E. Wotchko, headquartered at
Dearborn, Michigan, with assigned hours 7:30 a.m. to 4:30 p.m. with a one hour
meal period 11:30 a.m. to 12:30 p.m. rest days Saturday and Sunday:
(a) Carrier violated the current Signalmen's Agreement, as amended,
particularly Rule 221,b, the relief rule, when, on December 19, 1986, senior
employee Mr. Wotchko was denied the opportunity to work the foreman's position
while Foreman Abner was on vacation.
(b) Carrier should now be required to: Pay Mr. Wotchko 12 hours
Foreman's pay minus 4 hours Signalmen's pay. G.C. file 87-9-PM. Carrier file
15-221 (87-16)."
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.
The essential facts in this Claim show that the Claimant, who had
been on furlough, notified the Carrier that he intended to exercise
"...
displacement rights under the provision of S and C Rule 407(e)..." on Friday,
December 19, 1986. His action, if consummated, would have displaced a junior
signalman who had been assigned to fill the position of the Foreman since the
beginning of the work week beginning on Monday, December 15, 1986. The signal
gang's work week consisted of four nine (9) hour days, Monday through Thursday
and one four (4) hour day on Friday.
Form 1 Award No. 28278
Page 2 Docket No. SG-28442
90-3-88-3-235
The evidence shows that the Carrier properly assigned Signalman
Hamrich to relieve the vacationing Foreman during the week of December 15,
1986. Rule 12(b) of the parties' Agreement provides that absences from duty
that arise because an employee is on vacation are not considered to be a
vacant position. Thus, under the circumstances that we find in this case, the
Foreman's position was filled by the senior qualified available employee from
the proper source.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r -.Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1990.