PARTIES TO DISPUTE:
STATEMENT OF CLAIM:
Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33507
Docket No. CL-35068
99-3-98-3-785
The Third Division consisted of the regular members and in addition Referee
Robert G. Richter when award was rendered.
(Transportation Communications International Union
(Springfield Terminal Railway Company
"Claim of the System Committee of the Organization (GL-12204) that:
I. Claim of the System Committee of the TCU (ST-97-81)
(a) I am filing claim on behalf of Mr. Dana Bock, crew dispatcher, North
Billerica, Massachusetts. Claim is for eight (8) hours at the rate of time
and one half, commencing September 21, 1997, for each and every day
position CD-1 worked. This claim is continuous for each and every day
position CD-1 works until such violation is corrected.
(b) Carrier violated the Agreement when it awarded position CD-1 to Mr.
Bock on September 21, 1997, yet allowed Mr. Robert Silk who owns
position CD-2 to assume hours of position of CD-I. The Carrier changed
hours of these position without proper notice or negotiations with the
Organization (TCU).
(c) Rules violated are 2.1, 2.2, 4.1, 4.2, 4.3, 4.4, 4.5, 5.1, 5.2, 5.3, 5.4, 5.5,
5.6, 5.7, 5.8, 24.1, 24.2, 24.3, 24.4, 25.1, 25.2, 26.1, 27.1, 27.2, 28.1, 28.2,
28.3 and all other rules of this Agreement.
(d) Claim is valid and must be paid.
II. Claim of the System Committee of the TCU (ST-97-84):
(a) I am filing claim on behalf of Mr. H. O. James, Jr. TSR, North
Billerica, Massachusetts. Claim is for eight (8) hours at the rate of time
Form 1
Page 2
FINDINGS:
Award No. 33507
Docket No. CL-35068
99-3-98-3-785
and one-half, commencing September 21, 1997, for each and every day
position (PEP) CD-2 works. This claim is continuous for each and every
day position CD-2 works until violation is corrected.
(b) Carrier violated the Agreement when it awarded position CD-1 to Mr.
Dana Bock, yet allowed Mr. Robert Silk who owns position CD-2 to
assume hours
of
position CD-1. The Carrier did this without notice or
negotiations with the Organization (TCU).
(c) Position CD-2 should revert back to full scope because Mr. Silk is no
longer working this position, he is actually working position CD-1.
(d) Rules violated are 2.1, 2.2, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 24.2, 24.4,
25.1, 26.1, 27.1, 27.2, 28.1, 28.3, and all other rules
of
this Agreement."
The Third Division
of
the Adjustment Board, upon the whole record and all the
r°`
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.
herein.
This Division
of
the Adjustment Board has jurisdiction over the dispute involved
Parties to said dispute were given due notice of hearing thereon.
On September 10, 1997 the Carrier advertised Position CD-1 for bid. Position
CD-1 is a partially excepted position. In essence it gives the Carrier the right to select
who gets the job regardless
of
seniority. After the job was awarded the Carrier changed
the hours and rest days
of
Position CD-1 and CD-2. On November 17, 1997 the
Organization filed this claim.
Form 1
Page 3
Award No. 33507
Docket No. CL-35068
99-3-98-3-785
Position CD-2 is also partially excepted, but when the incumbent leaves the
position it becomes fully covered. The Organization argues that the Carrier has
circumvented the Agreement by changing the starting time and rest days of the two jobs.
The Carrier takes the position it had the right to change the starting times of the
jobs. It argues that only Rule 14, "Displacement Rights" pertains, and in particular
Rule 14.5 which reads:
jobs.
`14.5 When the assigned starting time or the assigned quitting time of a
regular position is changed more than one hour in one change, or is
changed more than one hour in the aggregate since last advertised,
or when either or both rest days are changed, or when the location
of the position is changed, such position will be declared vacant and
will be advertised for bid. The Employee affected will, within seven
calendar days from the date of change (or if then absent from duty,
within ten working days after again reporting for duty), upon
proper written notice, exercise seniority rights to any position held
by a junior Employee, the latter to have displacement rights in the
same manner."
However, as the Carrier points out, Rule 14 does not apply to partially excepted
While someone might take the position the Carrier is sharp-shooting the
Agreement to keep its excepted positions, it did not violate the Agreement. The Carrier
has the right to change starting times, a position not disputed by the Organization. Rule
14 is the only rule that requires jobs to be vacated, if starting times are changed, and the
Organization does not argue that the positions in dispute are not excepted from this
Rule.
AWARD
Claim denied.
Form 1
Page 4
Award No. 33507
_,r
Docket No. CL-35068
99-3-98-3-785
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.
law