Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28753
THIRD DIVISION Docket No. MW-28423
91-3-88-3 217
The Third Division consisted of the regular members and in
addition Referee Edwin H. Benn when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it revoked the First
Class Carpenter seniority of Mr. J. M. Duval effective March 9, 1987
(Carrier's File AMWB 87-07-23 A).
(2) The First Class Carpenter seniority of Mr. J. M. Duval shall be
restored unimpaired and he shall be compensated for all wage loss suffered
beginning March 9, 1987 and codtinuing until such time as the violation is
corrected."
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,.gf, appearance at hearing
thereon.
Prior to the time the dispute arose, Claimant established seniority
as a First Class Carpenter but his seniority was insufficient to allow him to
hold a First Class Carpenter position. At the relevant time, Claimant was a
regularly assigned Second Class Carpenter at the Carrier's B&B Shop at Havre,
Montana.
On November 25, 1986, the Carrier bulletined First Class Carpenter
positions headquartered at Havre and with the East. Mobile Crew. Thereafter,
as a result of a protest, the Carrier determined that Claimant had not bid on
the First Class Carpenter positions and concluded that Claimant forfeited his
First Class Carpenter seniority under Rule 8(g) ("An employee
...
on any
seniority roster to a position in a rank lower than the highest rank in which
he holds seniority
...
must, at the first opportunity, take service in the
higher ranks in which he holds seniority
...
when vacancies of more than
Form 1 Award No. 28753
Page 2 Docket MW-28423
91-3-88-3-217
thirty (30) calendar days' duration occur, or when new positions of more than
thirty (30) calendar days' duration are created
...
[and a)n employee who
fails to take service in a higher seniority rank
... will
forfeit all
seniority rights in the seniority rank
...
in which he fails to so exercise
his seniority rights"). This Claim followed.
The record establishes that the bulletin was properly posted in plainly observable places and, i
area of the posting. Specifically, the record demonstrates that the bulletin
was posted on the B&B and section bulletin boards where Claimant reports and
quits. Indeed, evidence submitted by the Carrier demonstrates that during the
first week of December 1986, (prior to the bid closing) Claimant spoke with an
employee who specifically mentioned to Claimant that the bids were out for the
First Class Carpenter positions. The record, therefore, further demonstrates
that Claimant actually knew of the bids but failed to act. By failing to bid
on the First Class Carpenter position, Claimant forfeited that seniority under
Rule 8(g).
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 30th day of April 1991.