Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31726
Docket No. N1S-314.19
96-3-92-3-698
The Third Division consisted of the regular members and in addition Referee
Herbert L. Marx. Jr. when award was rendered.
(R. W. Goo
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"Does being called back to work under rule 2-A-1. (d) which states:
Awards will be made within ten (l0) calendar days after the close
of
the
advertisement period to the senior bidder in the class. If there are no bids
from employees who possess seniority in the class, Rule 3-B-2 will govern.
Assignment to the position will be made within ten (10) calendar days
following the date the position will be posted at the headquarters involved.
A furloughed employee will be considered as having bid for any position
or vacancy not requiring a change in residence. If he is the senior bidder
in the case, the position will be awarded to him. If such employee fails to
report for the position. within ten (10) calendar days, he shall forfeit his
seniority in that class and in all higher classes, unless such position is
expected to be
of
less than ninety (90) calendar days duration.
Being called back in this manner does it guarantee me ninety (90)
days work'!"
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. 31726
Page 2 Docket No. MS-31449
96-3-92-3-698
The Claimant herein was recalled from furlough, having been considered the
senior bidder for a Maintainer position. lie reported for duty on January 9, 1991, at
which time he was advised that he would require safety orientation prior to commencing
work. He was, nevertheless, paid for the day. Before he was able to undergo safety
orientation, he was displaced from the :Maintainer position by a more senior employee.
The Claimant argues that, having been recalled. he was entitled to at least 90
days' employment under the terms of Rule 2-A-I(d). However, the only reference to
such employment is found in the final sentence of the cited Rule. reading as follows:
" . . . If such employee fails to report for the position. %vithin ten 1101
calendar days, he shall forfeit all seniority in that class and in all higher
classes, unless such position is expected to be of less than ninety (90) days'
duration."
This provision unambiguously permits a furloughed employee to decline a recall
to a less-than-90-day position without the loss of seniority. It says nothing else. It is
inapplicable here, since the Claimant did not decline the opportunity to return to work.
The claim also refers to Rule 2-C-1(b) which states in part:
". ..The employee being displaced will not be affected until the end
of the tour of duty on the day the displacement occurs."
The Claimant was paid for the day on which he was displaced (even if he did not
actually work), so no remedy is required under this Rule.
AWARD
Claim denied.
ORDER
Thus
Board, after consideration of the dispute identified above. hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 25th day
of
September 1996.