Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28995
THIRD DIVISION Docket No. SG-29004
91-3-89-3-423
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brother
hood of Railroad Signalmen on the National Railroad
Passenger Corporation (AMTRAK):
Claim on behalf of P. J. Cubello, Maintainer Test CSS, headquartered at the Lancaster Relay Shop
occurrence Mr. Cubello was a displaced Maintainer C&S who had been
headquartered in Baltimore, MD.
(a) claim that the Carrier violated Rule 13 (par. b) of the
Agreement Between the Carrier and the Brotherhood of Railroad Signalmen,
effective February 1, 1987. The agreement was violated when the Carrier
would not allow Mr. Cubello to displace a junior employee (J. H. Smith) in
the mechanics class on January 19, 1988. Mr. Smith is headquartered in
Baltimore, MD.
(b) claim that Mr. Cubello be allowed to displace Mr. Smith. Also
claim that Mr. Cubello be paid the applicable mileage rate round-trip from his
home to his designated headquarters beginning on January 20, 1988 for all
regularly assigned days. The claim for mileage will be continuous until such
time that Mr. Cubello is allowed to displace Mr. Smith, or when he returns to
another advertised position headquartered in Baltimore, MD." Carrier file.
NEC-BRS-SD-332.
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. 28995
Page 2 Docket No. SG-29004
91-3-89-3-423
At the time of the incident that gave rise to this case, Claimant
was employed by Carrier as a Maintainer CSS, headquartered in Baltimore,
Maryland. He was displaced from his position on January 19, 1988. He
attempted to displace a junior employee, who was headquartered in Baltimore as
well, but held a Communication Maintainer position. Claimant was not allowed
to displace the junior employee and in order to continue to work a job he
wanted, he had to displace to the Lancaster, Pennsylvania, Signal Shop.
In March 1988, the Organization filed a claim contending that the
Claimant should have been allowed to displace the junior employee and claiming
mileage expense from his home to his designated headquarters each day that he
was forced to work away from Baltimore, Maryland. During the handling of this
case on the property, an issue of Carrier's untimely response to Claimant's
appeal was raised by the Organization. Carrier responded to the
Organization's claim on all points as follows:
(1) Claimant was given a qualification test as a Communication
Maintainer. He failed the test and consequently was not qualified to perform
the duties of a Communication Maintainer. Thus, he was not allowed to displace the junior employee.<
(2) Carrier responded in a timely manner at all levels to the claim.
Notwithstanding, the Board has no jurisdiction in the matter, since the
timeliness issue was abandoned on the property. As evidence of this, it was
not contained in the Statement of Claim filed with the Board on October 25,
1989.
The Board also concludes that Claimant was not qualified as a Communication Maintainer and consequen
qualified employee.
The Organization in this instance has, as might be expected, filed a
claim to protect the seniority concept that is the backbone of the Agreement.
It has not, however, attempted to argue that a more senior employee who is not
qualified in a particular position has an absolute right to bump a less senior
qualified employee. In the instant case, there is no evidence to demonstrate
that Claimant could perform the work of a Communication Maintainer. Denying
him a bump into such a position was appropriate.
A W A R D
Claim denied.
Form 1 Award No. 28995
Page 3 Docket No. SG-29004
91-3-89-3-423
NATIONAL RAILROAD ADJUSTi'IENT BOARD
By Order of Third Division
Attest://l/ ~/r
Jr/'l~.C~
ncy ver - Executive Secretary
Dated at Chicago, Illinois, this 24th day of September 1991.