Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29348
THIRD DIVISION Docket No. SG-29076
92-3-89-3-584
The Third Division consisted of the regular members and in
addition Referee Irwin K. Lieberman 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 Brotheriood of Railr
Corporation (Conrail):
'Claim on nehalf of A. P. Esposito, for 32 hours pay at his pro-rata
rate of pay, account of Carrier violated the current Signalmen's Agreement, as
amended, when it allowed or permitted a junior employee to work on a temporary
position on July 20, 21, 22 and 25, 1988 at Berea, Ohio. Carrier file SG-36.
BRS file Case No. 7716-CR.'"
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.
The record in this dispute is somewhat ambiguous with respect to the
detailed events which took place. However it appears that Claimant had indicated his availability fo
October 21, 1987. On July 15, 1988, Claimant refused certain positions (four
in number) which were offered to him, as was his contract right. This dispute
evolved because he was not assigned to a temporary vacancy on a welded rail
gang in Berea, Ohio, on the four claim dates.
The Organization maintains that Claimant, as a furloughed employee,
was to be considered as having bid on any position not requiring a change of
residence. In this instance the temporary position at Berea was filled by a
less senior employee and it is argued that Claimant was not permitted to bump
that junior employee. The Organization relies on Rule 2-A-1 in particular as
support for its position.
Form 1 Award No. 29348
Page 2 Docket No. SG-29076
92-3-89-3-584
Carrier maintains that the parties are in disagreement as to the
facts in this matter. Additionally, it is urged that Claimant did not work
during the period in question because he chose not to work. Finally, Carrier
argues that the Organization has not met its burden of proof in this case.
This dispute involves the filling of a temporary vacancy. The Rule
relied on by the Organization, Rule 2-A-1 specifies that it deals only with
positions or vacancies anticipated to be more than thirty calendar days in
duration. It is clear that the Organization has not cited an applicable Rule
in the Agreement des_ing with temporary vacancies. Since there is no Rule
support indicated i:r this claim, it must be denied.
A W A R D
Claim denies.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. _ - Executive Secretary
Dated at Chicago, 1=:inois, this 25th day of August 1992.