SPECIAL BOARD OF ADJUSTMENT NO. 605
PARTIES ) The Atchison, Topeka and Santa Fe Railway Company
TO THE ) and
DISPUTE ) Brotherhood of Maintenance of Way Employes
QUESTIONS
AT ISSUE: (1) Is Mr. T. R. Bradke a protected
employee under Section 1 of Article
I and under Section 1 of Article IV?
(2) Is Mr. T. R. Bradke entitled to now
be paid the difference between the
B&B Painter's rate and B&B Helper's
rate for all service he performed as
a B&B Helper on and subsequent to
December 19, 1968?
OPINION
OF BOARD: Claimant was a Steel Bridgeman from 1958 until
September 4, 1964, when he was transferred at his
own request to a regular position as B&B Painterr
Each of these positions is covered by a different agreement
and seniority is not interchangeable.
The issue is whether Claimant has two years or
more of employment relationship as of October 1, 1964. According
to Question No. 5 on Page 3 of the Interpretations, "employment
relationship" is not
synonymous with
seniority and one may have
a two-year employment relationship without having two years of
seniority.
The organization relies largely upon Award No. 34,
which suggested that
non-union work
for a railroad could be
included in the time constituting the employment relationship
in connection with issiie> under Article V of the February 7
Agreement. However., if this reasoning were applied to the definitions in Article I, Section 1, it would permit a regularly
assigned employee on October 1, 1964, who had 15 days of compensated service in September, but who had been doing non-unit
AWARD NO .
Case No, MW=48-Yd
work for two years before that, to acquire protection. That
does not square with the Agreement and Interpretations.
While "employment relationship" is not synonymous
with seniority, it does anticipate employment in the craft.
Question No. 10 on Page 4 of the Interpretations is applicable.
It provides that "employment in more than one seniority district in the same craft can be counted" only if "the employee
acquired and retained seniority in each seniority district or
roster or was transferred to another seniority district or
roster at the request of management for temporary service."
In this case, Claimant did not acquire seniority
on each of the two rosters, nor was his transfer at the request
of management for temporary service. Indeed, it was a permanent transfer. Consequently, he does not meet the criteria
of Article I, Section 1.
A W A R D
The answer to the
Dated: January 19, 1971
New Ybrk, New York
Question is No.
Milton Friedman
Neutral Member