Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28385
THIRD DIVISION Docket No. MW-274
90-3-86-3-692
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation - (Amtrak)
Northeast Corridor
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it failed to assign the
EWE 'B' (Tamper) position advertised by Advertisement 13-PRS-0585 to Mr. A.
Plant (System File NEC-BMWE-SD-1339).
(2) As a consequence of the aforesaid violation, the notice of award
to Advertisement 13-PRS-0585 shall be corrected to show A. Plant as the successful applicant for the
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 July 5, 1985, Mr. Leonetti was awarded a position as an EWE "B"
Tamper. Claimant protested this award, contending he was more senior than
Leonetti and qualified to perform the work.
Carrier denied this Claim, contending that in the seniority district
on which seniority for this job is based, Leonetti is more senior than Claimant.
This Board has reviewed the total record and concludes that Carrier
has properly assigned the job and no Claim is appropriate.
Form 1 Award No. 28385
Page 2 Docket No. MW-27445
90-3-86-3-692
A W A R D
Claim denied.
NATIONAL
RAILROAD ADJUSTMENT
BOARD
By Order of Third Division
Attest: ~!
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 25th day of May 1990.