Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37385
Docket No. SG-37034
05-3-01-3-667
The Third Division consisted of the regular members and in addition Referee
Robert Perkovich when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(BNSF Railway Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Burlington Northern Santa Fe Railroad
Co:
Claim on behalf of T. G. Climer, for payment of the difference
between his normal rate and the Signal Shop Foreman's rate from
October 4, 2000 through October 14, 2000. Account Carrier
violated the current Signalmen's Agreement, particularly Rule 22
Seniority, when it allowed a junior employee to relieve the Signal
Shop Foreman position instead of the Claimant. Carrier's File No.
35 Ol 0004. General Chairman's File No. 01-004-BNSF-129-S. BPS
File Case No. 11871-13N."
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 I Award No. 37385
Page 2 Docket No. SG-37034
05-3-01-3-667
Parties to said dispute were given due notice of hearing thereon.
On the dates in question the Carrier assigned an employee junior to the
Claimant to the position of Signal Shop Foreman while the incumbent in that
position was on vacation. The Organization contends that in doing so the Carrier
violated the Claimant's seniority rights. We disagree because the record reflects,
without rebuttal by the Organization, that the Claimant was not qualified to
perform certain functions of the Signal Shop Foreman position such as payroll,
assigning jobs in the wiring shop, and the sorting and making of corrections to
electronic plans for wiring. Nothing in Rule 22, which sets forth the Claimant's
seniority rights, demands that the Carrier follow seniority to the extent that an
employee who is not qualified to perform a job be awarded that position.
AWARD
Claim denied.
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 February 2005.