Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28521
THIRD DIVISION Docket No. MW-28363
90-3-88-3-128
The Third Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier failed and refused to
timely place Mr. S. J. Dooley on his regularly assigned grinder operator
position headquartered at the Rail Welding Plant in Tracy, California within
ten (10) days of June 25, 1986 (Carrier's File MofW 3-172).
(2) As a consequence of the aforesaid violation, Mr. S. J. Dooley
shall be allowed thirty-two (32) hours of pay at the grinder operator's time
and one-half rate and he shall be reimbursed for any and all expenses incurred
as a result of the Carrier's failure to timely place him on the position in
question."
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.
Claimant, who resided in Tracy, California, was the regularly assigned Grinder-Operator on Weldi
California. Pursuant to Bulletin No. 6-A, dated June 11, 1986, the Carrier
advertised a vacancy on a Grinder-Operator position on Gang No. 3, stationed
at Tracy. To obtain a position closer to his residence, Claimant bid on the
vacancy. The Carrier issued a June 25, 1986 bulletin awarding Claimant the
job inasmuch as he was the senior applicant. Even though Claimant was assigned to the Tracy Grinder-
held Claimant on the Stockton position until August 1, 1986, the date the Carrier procured a replace
Form 1 Award No. 28521
Page 2 Docket No. MW-28363
90-3-88-3-128
Rule 10(b) of the Schedule Agreement provides that the successful
bidder on a position shall be placed on the position within ten days after he
is assigned the jab. To encourage the Carrier to comply with the ten-day job
award period, Appendix 1 (dated June 4, 1981) provides that, if an employee is
not placed on his newly assigned position within ten days, the employee will
be paid the rate of his newly assigned job or the rate of the position he continues to work, whichev
that it paid Claimant $3.00 for twenty workdays between July 5, 1986 and
August 1, 1986. Claimant seeks additional mileage expenses for the 46-mile
round trip commute between Tracy and Stockton and overtime earnings he allegedly would have earned i
Appendix I provides the exclusive remedy in this case. Appendix I
grants an employee not placed on an awarded position within ten days, a penalty allowance of $3.00 p
rate of the position he works or the rate of the newly awarded position. The
employee receives the $3.00 in liquidated damages regardless of whether or not
the employee actually expends more or less than $3.00 a day in commuting expenses to remain on the f
day grace period until the Carrier placed Claimant on the Grinder-Operator
position at Tracy. Thus, the Carrier fully complied with Appendix I.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: ·Nancy J p er- Executive Secretary
Dated at Chicago, Illinois, this 28th day of August 1990.