Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29047
THIRD DIVISION Docket No. CL-29273
91-3-90-3-174
The Third Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Chicago and Illinois Midland Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Organization
(GL-10426) that:
1. Carrier violated the Agreement when it failed to utilize Mr. C.
W. Conn on the position of Laborer at its Havana Coal Transfer Plant, Havana,
Illinois on the date of Saturday, May 21, 1988 vice Mr. A. W. Hughes.
2. Carrier's action was in violation of the Agreement, expressly
Supplement No. 10, Article II Procedures, Paragraph C(1) (B) contained therein.
3. Carrier shall now be required to compensate claimant, C. W. Conn,
for eight (8) hours pay at the Laborer rate for the date of Saturday, May 21,
1988."
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.
On Saturday, May 21, 1988, a Master Mechanic took a one day vacation
from his position at Carrier's Havana Coal Transfer Plant. The Carrier upgraded a Laborer to the Mas
continue to perform the duties of his own position. The Organization contends the Claimant, who was
fill the Laborer's position. The Organization relies upon Supplement No. 10,
Article II, Paragraphs C.1.(a) and 1.(b), which establish the procedures for
filling vacation absences at the Havana Coal Transfer Plant. Those provisions
read as follows:
Form 1 Award
No.
29047
Page 2 Docket
No.
CL-29273
91-3-90-3-174
"C. Vacation Absence
1. Operating, (Dumping), River, Clerical Forces
and Master Mechanics
a. Upgrade senior qualified laborer on that
shift on a work week basis.
b. Call senior qualified furloughed employ
ee (Havana headquarter point), who has
filed a furlough form indicating he
desires to be considered available for
extra and relief work, on a work week
basis or until he obtains 40 hours in
his work week. (See Section V.-G. S
H. )
The Carrier asserts th6 Organization's reliance upon Supplement No.
10 is misplaced, as the position Claimant sought to fill was not a vacation
absence. Rather, it was the result of the upgrading of another employee to
fill a vacation absence. The Carrier insists there could be only one vacation
absence; that of the Master Mechanic. The Carrier further contends it was
under no obligation to call the Claimant because it exercised its right under
Paragraph C.2.(a) of Supplement
No.
10, Article II to blank the Laborer's
position when he was upgraded.
While the Carrier is correct in that it had the right to blank the
Laborer's position when he was upgraded to Master Mechanic, it is evident from
the record it did not do so. Obviously, work of that position needed to be
performed, and the Laborer did it. If the Laborer was, in fact, upgraded,
another employee should have been called to fill the resultant vacancy. The
Claimant would have been the employee to call. The Carrier's failure to do so
constituted a violation of the Agreement.
Based upon the record before the Board, we are unable to determine
precisely the damages to which the Claimant is entitled. The Carrier avers he
received protection benefits in an amount equal to the claim. Accordingly, we
will remand the issue of damages to the parties for a determination as to
whether or not the Claimant lost any compensation by not being called to work.
If he did, the Claimant is entitled to the difference in loss of money.
A W A R D
Claim sustained in accordance with the Findings.
Form 1 Award No. 29047
Page 3 Docket No. CL-29273
91-3-90-3-174
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, I!_ -his 22nd day of November 1991.