Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28604
THIRD DIVISION Docket No. SG-28935
90-3-89-3-346
The Third Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brotherhood of Railr
Transportation Company (CNWT):
Claim of the Local Committee of the Chicago North Western Transportation Company of the Brotherh
assign Senior Employee Mr. D. A. Androy, Job 001-08 Missouri Valley Signal
Maintainer on Bulletin No. 11 dated June 6, 1988 as advertised on Bulletin No.
10 dated May 20, 1988.
Rules violated as follows:
(a) Rule 19, (b), I#4 'An employee who is not furnished means of
transportation by the company from one work point to another and who uses
other forms of transportation for this purpose, shall be reimbursed for the
cost of such other transportation. If he uses his. personal automobile for
this purpose in the absence of transportation furnished by the company, he
shall be reimbursed for such use of his automobile at the, rate per mile
currently established by corporate policy.'
(b) Rule 21, (a) 'Work Not Covered by Assignment: A fixed headquarterd signal maintainer
assignment, as shown on the characteristic notice will be allowed additional
compensation on basis of one-half regular hourly rate for time worked during
his assigned hours. For time worked outside of assigned hours compensation
will be allowed under Rule 14.' '
(c) Rule 37, (a) Second paragraph: 'If the successful bidder is not
placed on the new assignment within elevhn days from the date of assignment,
the employee shall be paid compensation equal to that of the new assignment
but not less than that being received on the old assignment, plus $5.00 per
workday until placed on new assignment.'
Carrier now be required to compensate Mr. D. A. Androy starting June
14, 1988 as follows:
Form 1 Award No. 28604
Page 2 Docket No. SG-28935
90-3-89-3-346
(1) Rule 19 - Mileage to and from Missouri Valley plus expenses
incurred.
(2) Rule 21 - Half time for being away from assigned headquarters.
(3) Rule 37 - $5.00 per day for being held off assignment.
General Chairman's file CNWT-G-AV-142. Carrier file 79-88-10."
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 suffered a knee injury in 1982 and was ultimately assigned
as a Signal Electronics Technician. He was restricted to "only occasional
climbing."
Carrier did not assign Claimant to a Signal Maintainer position in
mid-1988 even though he was the senior bidder.
Carrier defended its action, on the property, by contending that the
Claimant was medically disqualified for the position and invited the Claimant
to contact the
Medical Department
if he felt he was recovered.
The Claimant had been assigned as a'Sfgnal Maintainer prior to his
current assignment. We find nothing on record to suggest that the Claimant
ever advised Carrier that his physical condition had altered or that he had
attained the physical dexterity necessary to once again assume a maintainer
position. At a minimum, Claimant was required to place the Employer on
notice. In the absence of such action, Carrier was entitled to rely on the
then current status of its records.
As a procedural matter, we note that the Carrier denied the June 10,
1988 Claim on August 10, 1988, but the denial was sent to the General Chairman, whereas the Claim ha
requires a response, within 60 days, to "...whoever filed the claim..." On
August 19, 1988, Carrier conceded its error and forwarded a copy of the denial
to the Local Chairman.
Form 1 Award No. 28604
Page 3 Docket No. SG-28935
90-3-89-3-346
We find a violation of Rule 52. Our review of NDC Decision 16, Third
Division Docket CL-12336, Award 5, PLB 1844 and Award 144, PLB 1459 suggests
that the basic Claim should be allowed until August 19, 1988 and that it
ceases at that time. We allow the $5.00 per day as claimed but find no basis
for mileage and expenses, or the 1/2 time for being away from assigned headquarters.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. e r - Executive Secretary
Dated at Chicago, Illinois, this 30th day of October 1990.