Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31811
Docket No. CL-31895
96-3-94-3-239
The Third Division consisted
of
the regular members and in addition Referee
Herbert L. Mar:, Jr. when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Chicago Central and Pacific Railroad Company
STATEMENT OF CLAIM:
"Claim of the System Committee
of
the Organization (GL-11032) that:
Carrier violated the effective agreement when it failed to afford Mr.
Kevin Dahm the opportunity to fill the position
of
Operator at East Cabin,
Illinois, on July 1 and 2, 1993, in accordance with his status as senior
qualified extra employee;
2. Carrier shall now compensate Claimant Dahm eight (8)
hours' pay at the straight time rate
of
the above position ($110.72) for each
of
dates July 1 and 2, 1993."
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. 31811
Page 2 Docket No. CL-31895
96-3-94-3-239
This dispute is not one of rule interpretation; rather, it concerns only a question
of timing. The principle involved is the latter part of the well known maxim, "A dollar
short and a day late."
The Claimant was an unassigned employee with headquarters at Freeport,
Illinois. By letter dated May 19, 1993 the Carrier changed the Claimant's headquarters
point to Dubuque, Iowa, effective May 26, 1993. Such change, of course, affects the
work locations for which an employee will be paid expenses. The Carrier acted in full
accord with Rule 25, Expenses, which reads in part as follows:
"(C) The company shall designate a headquarters point for each
regular position and each regularly assigned relief position and for
employees not occupying such positions. Seven day's written notice will be
given when designations are changed. The company may not modify such
headquarters points more than once every 6 months."
The Claimant, in writing, at first declined to accept this change and then
accepted, but in limited fashion. Finally, by letter July 29, 1993 the Claimant accepted
placement to Dubuque.
The Carrier had not challenged Claimant's full or partial refusals, although it
appears that it had the right to do so. Similarly, it is doubtful that the Claimant had the
unilateral right to accept the change more than two months after it was directed. As a
result, the Carrier consulted with the Local Chairman. .-recording to the Carrier's
undisputed contemporaneous note, the Local Chairman agreed at 4:00 P.M. on July I
to the Claimant's tardy acceptance.
Work for which the Claimant might have been called (had the change already
been effective) occurred commencing at 3:59 P.M. on July 1 and continuing on July 2.
Another employee, already assigned to the affected headquarters, was called instead.
There is no way the Organization may require that the Claimant be considered available
retroactively. The claim does not concern the Claimant's assignment rights thereafter,
and the Board has no need to comment thereon.
AWARD
Claim denied.
Form 1 Award No. 31811
Page 3 Docket No. CL-31895
96-3-94-3-239
OORDER
This 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, IIBnois, this 26th day of December 1996.