4120200010FDA 56450 42750T 0571235861905THACKER JAMES W 940 E 4TH ST RICHLANDS VA246413016 N&W 1 Y T1953062519781215 NS FDAFDAFDAFDAFDAFDAFDAFDAFDAFDAFDAFDA199910 0 0SE4120200010FDA 56450 42750T 0571235907487BEAVERS JERRY W RR 4 BOX 140 NORTH TAZEWELL VA246309611 N&W 1 Y T1956060319740930 119940930NS FDAFDAFDAFDAFDAFDAFDAFDAFDAFDAFDAFDA199910 0 0SE4120200010FDA 56450 42750T 0571235946252MUSICK JOHNNY W RR 1 BOX 133 HONAKER VA242609716 N&W 1 Y T1960051619820501 NS FDAFDAFDAFDAFDAFDAFDAFDAFDAFDAFDAFDA199910 0 0SE4120200010FDA 56450 42750T 0571236825577MULLINS ROGER G PO BOX 236 IAEGER WV248440236 N&W 1 Y T1953080519741005 119941005NS FDAFDAFDAFDAFDAFDAFDAFDAFDAFDAFDAFDA199910 0 0SE4120200010FDA 56450 42750T 0571265519170PERRY JONATHAN S RR 3 BOX 205 TAZEWELL VA246519714 N&W 1 Y T1959121519800410 NS FDAFDAFDAFDAFDAFDA199910 0 0SE4120200003FDA 56450 9500T 0571400889600ALLEY JAMES E PO BOX 963 CASTLEWOOD VA242240963 N&W 1 Y T1956092419770915 119970915NS 0551 FDAFDAFDAFDAFDAFDAFDAFDAFDAFDA199910 0 0SE4120200007FDA 56450 28500T 0571400927922BEARD RALPH A RR 2 BOX 152K CASTLEWOOD VA242249770 N&W 1 Y T1959110419790315 NS 0613 FDAFDAFDAFDAFDAFDAFDAFDAFDAFDAFDAFDA199910 0 0SE4120200010FDA 56450 42750T 0571401687706KEENE M D HC 61 BOX 53-C GRUNDY VA246149303 N&W 1 Y T2047121319690701 119930405NS FDAFDAFDAFDAFDAFDAFDAFDAFDAFDAFDAFDA199910 0 0SE4120200010FDA 56450 42750T 0571401804133JAMES RONALD K PO BOX 2177 CEDAR BLUFF VA246092177 N&W 1 Y T1952091019781215 NS FDAFDAFDAFDAFDAFDAFDAFDAFDAFDAFDAFDA199910 0 0SE4120200010FDA 56450 42750T 0571404275592BARTLEY WILLIS F PO BOX 41 ASHCAMP KY415120041 N&W 1 Y T1969020219890901 NS 1464 FDAFDA FDA FDAFDAFDAFDA199910 0 0SE4120200010FDA 56450 19000T 0571405781969GOSS JIMMY H HC 66 BOX 56 WHITEWOOD VA246579614 N&W 1 Y T1954083019741230 119941230NS FDAFDAFDAFDAFDAFDAFDAFDAFDAFDAFDAFDA199910 0 0SE4120200010FDA 56450 42750T 0571406681484MATNEY B B GENERAL DELIVERY MOUTHCARD KY415489999 N&W 1 Y T2048072119740130 119940130NS 0613 FDAFDAFDAFDAFDAFDAFDAFDAFDAFDAFDAFDA199910 0 0SE4120200010FDA 56450 42750T 0571406802076CHURCH MICHAEL J PO BOX 854 VANSANT VA246560854 N&W 7 Y T1954083119740716 NS OFAOFAOFAOFAOFAOFAOFAOFAOFAOFAOFAOFA199910 >
Five Cooperati g RailMay Labor Organizations
Award No.
~~
Case No. CL-37-E
SPECIAL BOARD OF ADJUSTMENT N0. 605
PARTIES ) Brotherhood of Railway, Airline & Steamship Clerks,
TO ) Freight Handlers, Express and Station Employes
DISPUTE ) and
Penn Central (former NYC -Southern District)
QUESTIONS
AT ISSUE: (1) Did the Carrier violate the February 7, 1965
Stabilization of Employment Agreement on
December 29, 1966 and thereafter when it re
moved Mr. J. N. Brocklesby from the status
of a protected employee and refused to pay
him, Brocklesby, the protected rate due him
under the Agreement?
(2) Shall the Carrier now be required to restore
Mr. J. N. Brocklesby to the status of a pro
tected employee, with all rights and privileges
unimpaired, and to compensate him $22.134
(plus all subsequent general increases) for
December 29, 1966, and the same each day there
after,
five days per week, Monday through Friday?
OPINION
OF BOARD: On September 9, 1966, Claimant's position as Cashier-Yard
Clerk at Kenton, Ohio, was abolished. As there were no
juniors whom Claimant could displace on the basis of his
seniority, he was furloughed and available for extra work.
The parties are in agreement that Claimant was a protected
employee pursuant to the provisions of the February 7, 1965 National Agree
ment. In fact, he received protected compensation through December 28, 1966.
Hence, the instant dispute was precipitated by events which occurred sub
sequently.
Prior to December 22, 1966, a Bill Clerk position at ttarion,
Ohio, was first advertised to employees holding point seniority at Marion.
Failing to receive any bids, the Carrier on December 22, 1966, readvertised
the position to employees on the Central Division, Ohio Sub-Division. Again,
no bids were received and a new employee was hired to fill the vacancy.
Thus, the issue presented herein is whether the Claimant
forfeited his protected status pursuant to Article II, Section 1, of the
February 7, 1965 Agreement. Specifically, the Carrier argues that Claimant
failed to obtain a position available to him in the exercise of his seniority
rights in accordance with existing rules or agreements.
Basic to the instant dispute is the question of point versus
division seniority. We are mindful of Question and Answer No. 2, Article II,
Section I, of the November 24, 1965 Interpretations, hereinafter quotcu:
- 2 - :.ward :;o.
/70
Case No. CL-37-
"Is a position on another seniority roster
with respect to which an e;^ploye holds no seniority,
but with respect to which he holds prcferential
rights to employment as against a non-cmployc,
position available to such employe in the exercise
of his seniority rights as that term is used in this
Section?
No."
Thus, if Claimant held no seniority rights on t:e O:io-Central
Division, Ohio Sub-Division, the December 22 advertisement woul- have no
effect upon him, insofar as protective benefits are concerned. Conversely,
if Claimant held seniority on that Division and failed to obtain a position
pursuant to Article II, Section 1, it would be possible for hi,., to lose his
protected status.
Therefore, relevant to the instant controversy is the issue
whether Claimant held both point and division seniority. In support thereof,
the Carrier cites Rule 7 of the Schedule Agreement. Without quoti-,, varbatim
therefrom, first, it provides for bulletining at the point of vacancy and
second, in the group of seniority districts. In fact, the Organizat_oconcedes as much in the following:
"This position had beer. bulletined to t;:e e:n;loyees
on the point roster at 2farion, Ohio and when no bids :)ere
received the position was advertised to the division.
provided in existing Rules Agreement."
In summary, it is our view, that on the initial advcr-_iscr,,.2nt
at Marion, Claimant was not obligated to bid, pursuant to Qucszion and Ans-ar
No. 2 of the Interpretations. However, when the Carrier readvertised on the
division, Claimant was obligated to bid in order to maintain his protected
status, inasmuch as he held seniority thereon, pursuant to the Rules Agrocment.
Award:
The answer to Questions (1) and (2) is in the negative.
t
.·iurray if, ohr,.a:,
Neutral. Member
Dated: Washington, D. C.
December 17, 1969