Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28471
THIRD DIVISION Docket No. MW-27154
90-3-86-3-219
The Third Division consisted of the regular members and in
addition Referee Elliott H. Goldstein 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 refused to permit
Trackman C. Frazier to displace a junior trackman at Hunter Yard, Newark, New
Jersey on November 19, 1984 (System File NEC-BMWE-SD-1189).
(2) The claimant shall be allowed ten (10) hours of pay at his
straight time rate."
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 instant case was advanced to this Board simultaneously with the
case culminating in Award 28470. The facts herein are nearly identical to
those presented in that case. Claimant apparently displaced into Gang Z-182
shortly before the effective date of its abolishment, November 15, 1984.
Inasmuch as the abolishment notice for that gang had already been posted on
November 6, 1984, Claimant's name was not on that notice. On Monday, November
19, 1984, Claimant reported to Carrier's Newark, New Jersey yard to displace a
junior employee on the C.W.R. gang. Claimant presented no evidence to show
that he had the right to make a displacement and he was not permitted to exercise his seniority on t
Because the evidence and arguments presented in this case essentially
mirror those presented in Award 28470, our findings and conclusions therein
are deemed controlling. As in that Award, we find that Carrier demonstrated
that there was an established procedure which required employes to show documentation to support the
Form 1 Award No. 28471
Page 2 Docket No. MW-27154
90-3-86-3-219
November 19, 1984, because he failed to present supportive documentation in
the form of a displacement slip prior to exercising his seniority is not the
result of any violation on Carrier's part but, rather, a matter which Claimant
himself controlled.
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 7th day of August 1990.