Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32625
Docket No. MW-31234
98-3-93-3-131
The Third Division consisted of the regular members and in addition Referee
John C. Fletcher when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Eastern Lines)
STATEMENT OF CLAIM
:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated on February 10 through 28, 1992,
when the Carrier assigned junior employe R. H. Johnson to perform
work with the ribbon rail train between Mile Post 201.50 and Mile
Post 120.00 from Uvalde to Flatonia. Texas instead of recalling and
assigning senior Machine Operator M. R. Turbeville to perform the
work (System File MW-92-76/MofW 92-41 SPE).
(2)
as
a consequence of the violation referred to in Part (1) above.
senior Machine Operator M. R. Turbeville shall be allowed one
hundred twenty-two (122) hours' pay at his respective straight time
rate. thirty six and one-half (36 1/2) hours' pay at his time and one
half rate and he shall be credited with fourteen (14) days for
vacation qualifying purposes."
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.
Form 1 Award No. 32625
Page 2 Docket No. MW-31234
98-3-93-3-131
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
When the Supervisor of the ribbon rail train was on vacation for two weeks in late
February 1992, Carrier assigned Mr. R. H. Johnson to work the vacancy. The
Organization contends that Claimant should have been assigned to the vacancy in
preference to Johnson. as he possessed the necessary qualifications for the job and he
also possessed greater seniority.
The Board finds that the evidence in this record supports the contentions of the
Organization. Accordingly, the claim will be sustained.
AWARD
Claim Sustained.
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 :ward is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois. this 23rd day of June 1998.