Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31713
Docket No. MW-31195
96-3-93-3-186
The Third Division consisted of the regular members and in addition Referee
Robert L. Hicks when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"(1) The Agreement was violated when the Carrier failed to permit Mr.
E. K. Crummel to displace junior Trackman/Casual Driver H. J.
Rice on the Harrisburg Division on November 26, 1991 (System
Docket MW-2385).
(2) As a consequence
of
the violation referred to in Part (1) Above, Mr.
E. K. Crvmmel shall be compensated for all time made by Mr. Rice
at the applicable rate for a trackman/casual driver, starting with
November 26, 1991 and continuing until the attempted displacement
of the junior employe is allowed, the Claimant shall be allowed to
work the position and he shall be allowed credit for days worked by
the junior employe to be applied towards qualifying for vacation
and sub-pay."
FINDINGS:
The Third Division
of
the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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 were given due notice of hearing thereon.
Form 1 Award No. 31713
Page 2 Docket No. ~~'-31195
96-3-93-3-186
On November 26, 1991, Claimant attempted to displace a junior employee from
a position
of
trackman/casual driver. This position is bulletined with the requirement
that the successful applicant must possess a Pennsylvania Class 11 driver's license.
Claimant was denied displacement rights on the basis that he had no Class II license.
An employee senior to Claimant with the proper license displaced on the position
Claimant was denied. This displacement was on November 27, 1991. Although there
is the appearance
of
continuing liability, there is only one day that is in question.
Claimant did produce a statement contending that he had a Pennsylvania Class
11 license, and be showed same to the Supervisor who declined the displacement. There
is nothing in the record refuting Claimant's statement. Claimant had the proper license
to work the position.
The claim will be sustained for one day's pay, November 26, 1991.
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illjnois, this 25th day of September 1996.