Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33475
Docket No. MW-32336
99-3-95-3-195
The Third Division consisted of the regularmembers and in addition Referee Martin
H. Malin when award was rendered.
PARTIES TO DISPUTE
:
STATEMENT OF CLAIM
:
(Brotherhood of Maintenance of Way Employes
(Terminal Railroad Association of St. Louis
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier improperly removed
Mr. R. Glenn's name from the 1994 Track Foreman Seniority Roster as
posted on January 1, 1994 (System File 1994-6/013-293-15).
(2) As a consequence of the violation referred to in Part (1) above, the
Claimant's seniority shall be reinstated and his name returned to its proper
place on the Track Foreman's Seniority Roster."
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.
Claimant established seniority as a track foreman on December 23, 1976. On May
14, 1993, Claimant bid down and was awarded a position as Machine Operator. Carrier
maintained that by doing so, Claimant forfeited his Track Foreman seniority.
Consequently, on January 1, 1994, Carrier omitted Claimant from the Track Foreman
Form 1
Page 2
seniority roster. Claimant filed a timely protest of his omission.
Carrier relies on the following provision of the Agreement of July 1, 1989:
"
NOTE: It is understood that employees with established seniority dates
on both the Foremen's and Large Machine Operators'
Seniority Rosters on the signatory date of this Agreement will
not be assigned nor will they be required to exercise seniority
(bid or bump) to Foremen positions in order to retain both
seniority dates. However, if after the effective date of this
Agreement, such employees voluntarily exercise seniority (bid
or bump) to a Foreman's position, they must, thereafter,
exercise their seniority rights in such rank before displacing
employees with less seniority rights in succeeding lower ranks
(including Group 1(b) established herein) in order to retain
their Foreman's seniority consistent with the `Schedule
Agreement."'
Carrier's reliance on the above quoted provision is misplaced. The July 1, 1989
Agreement did not provide for Claimant's forfeiture of his Foreman's seniority in the
instant case because Claimant did not displace an employee in the Machine Operator
classification. Therefore, Carrier erred in omitting Claimant from the Foreman's seniority
roster. See Third Division Awards 33209, 32398.
Award No. 33475
Docket No. MW-32336
99-3-95-3-175
AWARD
Claim sustained.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimants) 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 22nd day of September 1999.