Form 1 NATIONAL RAILROAD ADJUSTMENT
BOARD
THIRD DIVISION
Award No. 32956
Docket No. MW-33765
98-3-97-3-218
The Third Division consisted of the regular members and in addition Referee
Robert Perkovich when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (formerly The Baltimore
( and Ohio Railroad Company)
STATEMENT OF CLAIM
:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier improperly removed
the name of Mr. J. L. Bassett from all seniority rosters on the
Baltimore West End Seniority District effective January 16, 1996
[System File B-69737/12 (96-373) BOR].
(2) As a consequence of the aforesaid violation, Claimant J. L. Bassett's
name shall be placed back on all the seniority rosters his name was
improperly removed from."
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. 32956
Page 2 Docket No. MW-33765
98-3-97-3-218
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
Claimant established Trackman seniority on the Monongah East District on May
12,1977 and subsequently established seniority in several other classifications at various
times. He thereafter established seniority on June 3, 1991 on the Baltimore West End
District. On a date not established in the record Claimant was furloughed and
established seniority on the Baltimore East End District and between January 1993 and
August 1994 Claimant worked on a System Production Gang. On January 16, 1996
Carrier removed Claimant's name from all seniority rosters on the Baltimore West End
District under the 365-day Rule that provides that any employee who is
"...furloughed
for 36S days will be terminated . . . ."
The record clearly reflects that although the Claimant was furloughed from the
West End District he worked on the East End District thereafter and before he had been
furloughed for 365 days. Thus, the Claimant was not, as required by the Rule,
"furloughed" for the requisite period of time. Accordingly, removal from all seniority
rosters was inappropriate.
The record is equally clear however that Claimant suffered no monetary loss as
a result of the Carrier's action. Thus, no monetary award is in order.
Accordingly, it is the finding of the Board that the claim should be sustained and
that the Claimant shall be restored all seniority as though he had not been removed from
seniority rosters as alleged in the claim.
AWARD
Claim sustained in accordance with the Findings.
- Form 1
Award No. 32956
Page 3 Docket No. MW-33765
98-3-97-3-218
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, Illinois, this 23rd day of November 1998.