Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29028
THIRD DIVISION Docket No. SG-28691
91-3-89-3-107
The Third Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brotherhood of Railr
Protest of Bulletin No. 01-04-88, dated January 8, 1988, account of
Carrier violated the current Signalmen's Agreement, as amended, particularly
Rules 2-A-1 and 2-A-1 (b), when it failed to properly bulletin positions in
accordance with APPENDIX 'I'." Carrier file 7421.
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.
By Bulletin No. 01-04-88 dated January 8, 1988, Carrier solicited
applicants to train as Electronic Specialist on Seniority District No. 10,
Toledo Division. The Bulletin noted that four positions were advertised for
bid in accordance with the Agreement and requested that applications be submitted by 12:00 Noon on W
contain information regarding rate of pay, tour of duty or rest days, but
noted at the bottom "Per Appendix 'F' to Train New Employees."
By letter dated January 11, 1988, the Organization filed a claim
wherein it charged that Carrier violated Rules 2-A-1 (a) and 2-A-16 of the
Controlling Agreement, specifically in that Carrier failed to post the position s) advertisement on
also charged that Carrier failed to include information relating to assigned
territory and rest days. These charges were consistently stressed during the
on-situ, appeals and were the gravamen of the Organization's grievance. Rules
2-A-1(a) and 2-A-1(b) are referenced as follows:
Form 1 Award No. 29028
Page 2 Docket No. SG-28691
91-3-89-3-107
"Rule 2 - Selection of Positions
2-A-1. (a) All positions and vacancies (except
vacations) anticipated to be more than thirty (30)
calendar days in duration will be advertised in the
appropriate seniority district within ten (10) calendar days from the date they occur. Advertisement
will be posted on Wednesday at the headquarters for a
period of seven (7) calendar days. (If Wednesday is
a holiday, the advertisement will be posted on the
following day.)
(b) Each advertisement will indicate the
position, title, headquarters, assigned territory,
rate of pay, prior incumbent, tour of duty, meal
period, rest days, and closing date. (See Appendix
In response, Carrier contended that its actions comported with the
requirements of Appendix F of the BRS Schedule Agreement, specifically, the
requirements relating to trainee selection, schooling and assignment of
schedules. It referenced Paragraphs B and C of Appendix F as supportive
authority and noted that a similar bulletin was posed in July, 1983 without
protest from the Organization. It also pointed out the trainee positions were
not new working positions or vacancies as set forth in Rule 2-A-1(a) and noted
that the positions were.advertised and awarded in accordance with Rule 2-A-1
following the training and qualification of the successful applicants under
Appendix F.
In considering this case, and particularly the parties past posting
practices as evidenced by Organization Exhibit No. 3, May 30, 1984, position
posting and Carrier's July 13, 1983, posting notice and further considering
the language of the provisions cited, the Board concurs with the Organization's position that Carrie
Rules 2-A-1(a) and 2-A-1(b), when the four Electronic Specialist positions
were posted. The language in Rule 2-A-1(b) requires that position advertisements contain information
closing date and references in parenthesis "See Appendix I". In other words,
the application of Appendix I extends from Rules 2-A-1(a) and 2-A-1(b) and
accordingly, must be applied consistent with these provisions. The May 30,
1984, posting which was a later posting from the July 13, 1983, posting was
consistent with these requirements. On the other hand, since the positions at
issue were readvertised in accordance with Rule 2-A-1 at the end of the training period, the questio
Form 1 Award No. 29028
Page 3 Docket No. SG-28691
91-3-89-3-107
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 28th day of October 1991.