At all times pertinent to this case, the Claimant was regularly assigned as a First Class Carpenter on Northern Division B&B Crew 47J, under the general supervision of B&B Supervisor H. E. Pottinger. The Claimant established and holds seniority in the Bridge and Building (B&B) Subdepartment as a B&B Foreman, and Carpenter Helper. During August-September 1995, he worked a bulletined "compressed" work week, consisting of Monday through Thursday with Friday, Saturday and Sunday designated as rest days.
Prior to the date the instant dispute arose, the Claimant had properly notified Supervisor Pottinger of his wishes to perform relief work on the Pump Repairman's position at Bridge L-0 at LaCrosse. The record shows that this particular position generates substantial overtime. Pursuant to his proper request, the Claimant had been called in accordance with his seniority to perform such relief work many times in the past.
The record also shows that the Claimant took several days of vacation from August 7 through 13, 1995. However, he reported at LaCrosse on Monday, August 14, 1995 in anticipation of providing relief coverage for the duration of the incumbent Pump Repairman's vacation from August 14 through 20, 1995. When he reported, however, he learned that because he had been away on vacation Supervisor Pottinger had assigned B&B employee E. Arnold, who was junior to the Claimant in B&B seniority, to provide the required relief coverage on that occasion.
Following a conversation between the Claimant and B&B Supervisor Pottinger, the Carrier issued a memorandum dated August 14,1995 which reads, in part pertinent to this particular case, as follows:
On September 1 through 4,1995, the Labor Day weekend, the regularly assigned Pump Repairman at Bridge L-0 reported off work due to "family" concerns. Friday, September 1, 1995 was the first of the Claimant's three regularly assigned consecutive rest days and the Claimant should have been accorded right of first refusal under Rule 8(c) to cover the temporary vacancy in accordance with his request and in recognition of his seniority. See Third Division Awards 2994, 6627, 29537 and 33421. Instead of assigning the Claimant, however, the Carrier once again utilized junior employee E. Arnold to perform the overtime service on that Labor Day weekend. It is not disputed that Arnold expended 34 and two-thirds hours performing overtime service on that weekend and that is the measure of the Claimant's loss as a consequence of the Carrier's violation of his seniority rights.
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.