' W~_3

' PUBLIC LAW BOARD N0. 1210 AWARD N0. 6

PARTIES TO DISPUTE: Baltimore and Ohio Railroad Company

' ' and '

Brotherhood of Maintenance of Way Employees.

STATEMENT OF CLAIM: Carrier violated the effective Agreement by not allowing

Class "A" Machine Operator James M. Thompson, St. Louis

Division, to displace junior operator Robert Helmes,

following Operator Thompson's furlough October 15, 1971.

That Carrier shall now compensate Claimant Machine Operator

James Thompson for the time lost on this account between

October 18 through October 29, 1971.

OPINION OF BOARD: The record shows that Claimant, who held seniority as a

Class "A" Machine Operator, elected to hold his regular

assignment as Extra Gang Laborer rather than exercise his

seniority to bid (on two separate occasions) on machine

operator positions that had been advertised by appropriate

bulletin. Consequently, a junior employee was awarded the

position of Electromatic Tamper Operator, one of the bulletined_

positions declined by Claimant. Subsequently, Claimant was

assigned by his Foreman to operate a machine, no applications

having been received to operate such machine.. On October 15,

1971 this machine was cut off and Claimant was furloughed

whereupon he promptly chose to displace the junior employee

_ operating the Electromatic Tamper. He was denied such ' displacement on the grounds that he forfeited his displacement

PL BOARD NO. 1210 (2)' AWARD NO. 6
right's to that particular machine operation by virtue of
the fact that he had not elected to bid on that position
when he had the opportunity to do so several months previously.
There is no dispute that the Claimant was actually working
as a Machine Operator at the time he was furloughed, that he
held seniority to do so, and that he had been assigned to
the position of operator by his supervisor account no
applications having been received. The record also indicates
' that Claimant was not filling a temporary vacancy as operator
in view of the fact that he worked as operator for several
months immediately prior to the furlough date.
The record further shows that during the time Claimant was
operating the machine he received the rate of pay of a Class
"A" Operator. It is therefore obvious that Claimant was,
at the time of furlough, actually working as a Machine Operator
and not as a Trackman.
In light of the foregoing, the question before this Board is
not so much one of what were Claimant's rights as a regularly
assigned Extra Gang Laborer to displace a junior machine
operator, but what were Claimant's rights to displacement
as a qualified machine operator over an operator with less
seniority under the circumstances in this particular case.

` Rule 53 (h) states, in pertinent part, as follows:

" ....an employee assigned to position of Operator of a specific machine will, in the event his position is abolished be permitted to displace

PL BOARD N0. 1210 (3) AWARD 130. 6
· operators of Class A or Class B machines in
accordance with their relative seniority as
Work Equipment Operators."
' · We are persuaded by the record in this case that (1) Claim
' ant held seniority as a Class "A" Machine Operator; (2) that
he was at time of furlough, and for several months prior
thereto, operating a machine to which he had been assigned;
and (3) that, therefore, he had the right to displace a
junior operator as specified in the aforementioned Rule of
the Agreement.
For the reasons stated herein we will sustain the claim for
payment of actual time lost on the claim dates
AWARD: Claim sustained.
ORDER: 'The Carrier shall comply with this Award within thirty (30)
days of the date of this Award.
r .~/9 ice- ~.!'a _ _ _ °
C. R~ obert Roadley, Neutral Meminer

A. J.tnningham, E~lpyee Member L. W.-Burks, Carrier Member

Baltimore, Ed.
March 11, 1974