The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe 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 first named Claimant was improperly displaced by an employee who did not hold the seniority to entitle him to this move. The displacement was made with the knowledge of a Carrier representative, who failed to note that the displacement was improper. This displacement led to two successive displacements. Two of the three Claimants lost work because of the move. All three contend they were subject to unnecessary travel and lodging expense to make the displacements, which should not have been required in the first place.
The Carrier admits that the first displacement was improper, but contends that the Claimant should have been aware of his seniority standing and should have put the Carrier on notice in time to prevent the improper move. The Carrier also argues that the other Claimants should also have questioned the moves, although the basis of this belief is difficult to understand, since no question of improper seniority was involved in the second and third displacements.
The Board determines that the Carrier must accept responsibility for the chain of displacements. The Carrier retains direction of where its employees are assigned. This responsibility cannot be shifted to the employees.
The Carrier in particular questions the propriety of the portion of the Claim concerning travel expenses, pointing out that such travel expenses are not covered in the regular exercise of seniority. Except for the initial error, however, these employees would not have been subject to any time loss or expense. The Claim amounts are moderate and will be sustained. Form 1 Award No. 29625