Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28436
THIRD DIVISION Docket No. MW-28313
90-3-87-3-875
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier failed and refused
to permit Mr. S. W. Cooley to fill the bus driver vacancy on Gang 822 beginning September 3, 1986 (S
(2) Mr. S. W. Cooley shall be compensated for all wage loss suffered
as a consequence of the violation referred to in Part (1) above beginning
September 3, 1986 and continuing until such time as the violation was corrected."
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.
System Gang 8622 was established on April 21, 1986. One of the Extra
Gang Laborers was assigned as a Truck Driver. The Gang was also assigned a
bus, which was driven as needed by the Truck Driver. The Claimant was assigned as Truck Driver comme
senior employee on September 2, who in turn was displaced by a more senior
employee on September 3 or 5 (the record being unclear on this point).
The Claimant, qualified as both Bus Driver and Truck Driver, contends
that he should have been retained as Bus Driver when displaced as Truck Driver. The difficulty with
Gang's existence, a Bus Driver position. There is no showing that the Carrier
was prohibited from using one employee to operate both vehicles as needed.
Since the two employees who succeeded the Claimant were senior to him as Truck
Driver (the established position), there is no basis for the Claim.
Form 1 Award No. 28436
Page 2 Docket No. MW-28313
90-3-87-3-875
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
(~Z-"
~~
Nancy J. ev - Executive Secretary
Dated at Chicago, Illinois, this 21st day of June 1990.