Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35567
Docket No. MW-33315
01-3-96-3-864
The Third Division consisted of the regular members and in addition Referee
Dana E. Eischen when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier called and assigned
junior employe R. S. Anderson to fill the short vacancy of a section
laborer on Section No. 765 at Stinson Yard on November 6 through
10, 1995, instead of calling and assigning Mr. D. W. Black in
recognition of his superior seniority and in compliance with the
provisions of Rule 14(b) (System File 111.056/8-00239).
(2) As a consequence of the violation referred to in Part (1) above, Mr.
D. W. Black shall be compensated `for the equivalent of forty hours
(5dayx8hrs) at the pro rata rate and have all overtime, vacation,
fringe benefits, and other rights restored which were lost to him as
a result of the above violation."'
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 Award No. 35567
Page 2 Docket No. MW-33315
01-3-96-3-864
Parties to said dispute were given due notice of hearing thereon.
The relevant and material facts giving rise to this dispute are not contested. It
is not disputed that, following required contractual notice, the Claimant was placed in
furlough status effective October 31, 1995. Nor is it disputed that two days later, on
November 2,1995, the Carrier's Personnel Specialist received and date stamped a handwritten note fro
on Labor (sic) call list for Zone 8 Superior, WI. I also would like the bid sheets sent to
me." Finally, it is not disputed that on November 3, 1995 the Personnel Specialist filled
a short term Laborer vacancy at Stinson Yard for the period November 6 - 10,1995, by
calling an employee on the call list who was junior to the Claimant. [There was a
collateral dispute concerning to what extent the Claimant opted to deer hunt rather than
be available for call on various dates. For reasons explained infra, however, the deer
hunting/availability controversy is irrelevant and immaterial with respect to the dates
of November 6 - 10, 1995, which are the only dates of alleged violation at issue in this
particular claim.]
In this claim, the Organization and Black allege a violation of his seniority rights
under Rule 14 because he as not called ahead of the junior employee on November 3,
1995, to fill the short term vacancy from November 6 to November 10, 1995. However,
the claim for alleged violation of Rule 14 is defeated by the express language of the last
sentence of the fourth paragraph of Rule 14 (b), which reads as follows: "An employee
who is furloughed may aplace himself on a call list within twenty (20) calendar days of the
date reduced to furloughed status by providing not less than five (5) days advance
written notice to the applicable Personnel Office." (Emphasis added)
In this case, it is not disputed that the Claimant's written notice was received on
November 2, 1995, only one calendar day before the vacancy was filled on November 3,
1995, and four calendar days before the short term vacancy actually commenced on
November 6, 1995. By the plain language of the quoted sentence, the Claimant was not
entitled to be called off the call list for that particular vacancy.
AWARD
Claim denied.
Form 1 Award No. 35567
Page 3 Docket No. MW-33315
01-3-96-3-864
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an Award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 24th day
of
July, 2001.