NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 29507
The Third Division consisted of the regular members and in
addition Referee Hugh G. Duffy when award was rendered.
(Brotherhood of Maintenance
(of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when, effective May 31,
1989, the Carrier assigned junior employe M. Kudrich
instead of senior employe E. T. Sweeney to the Class 1
Machine Operator position (torsion beam) advertised on
Bulletin No. 26 dated May 22, 1989 (System Docket MW697A).
(2) As a consequence of the aforesaid violation, Mr. E.
T. Sweeney shall be allowed:
'Settlement sought: (1) Class 1 Machine
Operator roster date of May 31, 1989. (2)
Class 1 Machine Operator rate: ten (10) hours
each day claimed, Monday through Thursday at
the straight time rate of pay. Also, all the
overtime Mr. Kudrich earns while working this
position to be verified through a mutual
inspection of Mr. Kudrich's pay records
between a representative of Conrail and a
representative of the Penn Federation."'
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.
Form 1 Award No. 29507
Page 2 Docket No. MW-29915
93-3-91-3-283
Parties to said dispute waived right of appearance at hearing
thereon.
The Carrier advertised a Class 1 Machine operator position on
Bulletin #26 on May 22, 1989. The Bulletin specified that
applications would be accepted in the office of the Division
Engineer until 4:30 P.M. on Monday, May 29, 1989. The deadline was
extended to May 30 since May 29 was a holiday.
A Repairman, with a seniority date of June 2, 1977, filed a
timely bid and was awarded the position on May 31, 1989. Claimant,
with a seniority date of September 27, 1974, mailed a bid to the
Division Engineer's office on May 26. The record shows, however,
that the bid was not received by that office until May 31, one day
beyond the extended filing date. Given these facts and
circumstances, and under well-established precedents of the Board,
we are compelled to deny the claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. - Executive Secretary
Dated at Chicago, Illinois, this 3rd day of February 1993.