Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28632
THIRD DIVISION Docket No. MS-29051
90-3-89-3-484
(Donna Pollin
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM: "It is the claim of Donna Pollin that:
a) The Carrier violated the TCU/NRPC rules agreement of 7/21/72 as
revised effective 11/15/88, in particular Rules 9 and 10 when it improperly
allowed P. Young, Reservation Sales Agent, Fort Washington reservation sales
office, Northeast Corridor Seniority District II, to displace D. Pollin,
Ticket Clerk/Baggageman, Johnstown, PA, Eastern Region Seniority District 5,
on 1/30/88 after Young was displaced from a reservation sales agent position
in Fort Washington on 1/23/88. Young was senior to and possessed qualification to displace sever (si
District II but was not required to do so.
b) That the Carrier now be required to return Ms. Pollin to her
former position of Relief Ticket Clerk/Baggageman, Johnstown, PA and compensate her eight hours pay
and continuing each day thereafter until this claim is properly adjusted."
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 were given due notice of hearing thereon.
The central issue in this case involves the maintenance of an employee's seniority rights when w
force reduction.
Preliminarily, we note that many contentions raised by the Claimant
were raised for the first time in her Submission to this Board. It is well
settled that issues and contentions not raised in the handling on the property
may not be raised for the first time before this Board. See for example,
Third Division Awards 28573, 28092, 27328, 26257 and 24494. Therefore, we
have restricted our consideration of this case to the issues which were advanced by the parties on t
Form 1 Award No. 28632
Page 2 Docket No. MS-29051
90-3-89-3-484
Claimant contended Rules 9 and 10 of the Agreement were violated when
an employee was allowed to displace her from her Relief Ticket Clerk/Baggage
Agent position in Johnstown, Pennsylvania, effective January 30, 1988, based
on the contention the involved employee had allegedly forfeited his seniority
in the district when he accepted a position in another seniority district.
No evidence was presented by the Petitioner to counter the Carrier's
interpretation that the other employee merely displaced the Petitioner from
the position to which he should have been recalled pursuant to Rule 10.
From the evidence properly before the Board, we conclude there is no
evidence in this record that any of the Rules cited by the Petitioner were
violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. D yY- Executive Secretary
Dated at Chicago, Illinois, this 17th day of December 1990.
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