Award No. _45
· Case No. CL-7-E
SPECIAL BOARD OF ADJUSTMENT NO. 605
PARTIES ) Brotherhood of Railway, Airline and Steamship Clerks,
TO ) Freight Handlers, Express and Station Employees
DISPUTE ) and
Monon Railroad
QUESTIONS
AT ISSUE: (1) Did Carrier violate the provisions of Article I, Section 1
of the Agreement when it failed to restore furloughed
employe S. L. Underwood to active service before March 1,
1965?
(2) Did Carrier violate the provisions of Article IV, Section 1
of the Agreement when it failed to compensate S. L. Underwood,
commencing March 1, 1965, at the normal rate of compensation
attached to the position to which he was regularly assigned
on
October 1, 1964?
(3) Shall Carrier
now
be required to properly compensate S. L.
Underwood in accordance with the provisions of Article IV,
Section 1, commencing March 1, 1965 and for each work day
thereafter that he did
not receive compensation
as set forth
in this Article.
OPINION
OF BOARD: On January 21, 1965, Claimant's position of Chief Clerk was
abolished. Instead of displacing on several available positions
occupied by junior employees, he elected to become a furloughed
employee. In addition, on February 25, 1965, he wrote a letter
to the Carrier, claiming he was unable to displace on several other positions
held by junior employees in his seniority district due to his physical
con
dition--a prior back injury sustained in 1958. Thereafter, on October 29,
1965, the position of Chief Clerk was reestablished and assigned to the
Claimant.
It appears from the record that a number of positions were
available to the Claimant'in the exercise of his seniority rights
.
However, he failed to exercise such rights, as well as limiting himself to
positions which, in his opinion, he was qualified to perform.
Under the circumstances prevalent herein, we-do not believe the - -
Carrier was obligated to comply with Article IV, Section 1, of the February
7, 1965 Agreement. Furthermore, in our view, SBA
No.
605, Award
No.
39, is
also pertinent herein..
Award No. 45
_ 2 _
Award
Answer to questions 1, 2, and 3 is in the negative.
.~w ~ . /
Dated: Washington, D. C.
April 18, 1969