Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28745
THIRD DIVISION Docket No. MW-28253
91-3-88-3-29
The Third Division consisted of the regular members and in
addition Referee Gil Vernon when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it revoked the 'free
agent' status of Sectionman R.
M.
Pettit and refused to allow Mr. Pettit to
displace junior employee J. Quilling at Shoreham on June 2, 1986 (System File
8286 #1662P/800-46-B-265).
(2) The claim* as presented by General Chairman G. Western on July
25, 1986 to Regional Engineer
T. M.
Parsons shall be allowed as presented
because said claim was not disallowed by Regional Engineer Parsons in accordance with Rule 13-1 (a).
(3) As a consequence of Parts (1) and/or (2) above, Sectionman R.
M.
Pettit shall:
'...
be made whole for all time lost to him as a
result of being deprived of the privileges of a free
agent as set forth in Schedule Rule 8(1) due to the
Carrier's own failure to provide the necessary employment information; and, he shall have all vacati
other rights restored.'
*The letter of claim will be repcednced within our
initial submission."
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.
Form 1 Award No. 28745
Page 2 Docket No. MW-28253
91-3-88-3-29
Claimant was furloughed to free agent status in early 1986. Thereafter, he made twice-weekly inq
employees. The Glenwood Section Roadmaster took a leave of absence from May 5
- 24, 1986, and the Carrier did not replace the Roadmaster during the leave.
As a result, Claimant was unable to obtain displacement information from his
usual source. A junior Sectionman worked more than 10 days on the Glenwood
Section during the Roadmaster's leave. On May 29, Claimant learned of a different junior employee wo
this employee effective June 2, but was refused. He was informed he had forfeited his free agent sta
employee working, albeit without his knowledge, on the Glenwood Section for
more than 10 days. The Organization and Claimant made claim in writing for
the lost work by letter dated July 25, 1986, to Carrier's Regional Engineer.
The Regional Engineer did not respond. The Organization then wrote on
November 5, 1986, to the next higher level of Carrier authority to request a
default allowance of the Claim under Rule 13-1(a) of the effective Agreement.
This Rule provides in pertinent part as follows:
Should any such claim or grievance be disallowed, the
Carrier shall, within 60 days from the date same is
filed, notify whoever filed the claim or grievance
(the employee or his representative) in writing of
the reasons for such disallowance. If not so notified, the claim or grievance shall be allowed as
presented, but this shall not be considered as a precedent or waiver of the contentions of the Carri
to other similar claims***."
The Carrier issued its first written denial of the Claim by letter
dated January 2, 1987. This letter raised several procedural defenses to the
default provisions of Rule 13-1(a). Among these defenses is the contention
that the Claim was invalid ab initio due to lack of specificity and, therefore, the Carrier's
We have considered the procedural defenses raised by the Carrier and
find them to be without merit. Accordingly, the Claimant and Organization are
entitled to a non-precedent setting allowance of the Claim under Rule 13-1(a).
The remaining issue is to determine the remedy.
Claimant shall be made whole for ,all losses suffered as a result of
being prevented from displacing the junior-employee at Shoreman, limited to
the time he could have held the specific vacancy in question. This determin-
ation will be made jointly by the Parties. __.
Form 1 Award No. 28745
Page 3 Docket No. MW-28253
91-3-88-3-29
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. a -Executive Secretary
Dated at Chicago, Illinois, this 28th day of March 1991.