Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33482
Docket No. MW-32475
99-3-95-3-253
The Third Division consisted of the regular members and in addition Referee
Martin H. Malin when award was rendered.
PARTIES TO DISPUTE:
STATEMENT OF CLAIM:
(Brotherhood of Maintenance of Way Employes
(Union Pacific Railroad Company
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier failed to bulletin the
Group 3 Foremen's position vacated by the incumbent when he was
placed on medical leave commencing December 20, 1993 and
thereafter assigned the duties of said position to be performed by
others, instead of filling the position in compliance with the
Agreement (System File N-74/940290).
(2) As a consequence of the violation referred to in Part (1) above, the
Claimant R. L. Kincade shall be compensated for the difference in
wages he received as a Group 3 Carpenter and that of a Group 3
Foreman, beginning December 20, 1993 and continuing until the
violation ceases."
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.
Form 1
Page 2
Award No. 33482
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Docket No. MW-32475
99-3-95-3-253
Parties to said dispute were given due notice
of
hearing thereon.
On December 20, 1993, the Group 3 Foreman for Gang 5555 began a medical
leave of absence in excess of 30 days. Gang 5555 had consisted
of
a Group 3 Carpenter
and the Group 3 Foreman. Carrier did not bulletin the Foreman vacancy. Instead, the
Carpenter worked alone and was paid at the Foreman's rate. On February 1, 1994, the
Carpenter's gang number was changed to 5556 and he reported to the Gang 5556
Foreman.
The Organization contends that Carrier violated Rule 20 because it failed to
bulletin the Foreman vacancy. Carrier has raised several defenses. We need consider
only one
of
them.
1t is clear from the record developed on the property that on December 20,1993,
Claimant was not qualified as a Foreman. He did not pass his Foreman's exam until
February 1, 1994. However, by that time, the Carpenter was a member
of
Gang 5556
and was reporting to the Gang 5556 Foreman. Therefore, it is clear that, under any
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circumstances, Claimant could not qualify for any relief.
AWARD
Claim denied.
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an Award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 22nd day
of
September 1999.