BEFORE PUBLIC LAW BOARD NO. 1837
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
AND
NORFOLK & WESTERN RAILWAY COMPANY
Case No. 69
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood
1. The Carrier violated the Agreement when it
allowed employees covered by the Scope of the
American Railway Supervisors Association Agreement
to retain seniority under the Scope of the
Maintenance of Way Agreement. (File MW-BLVE-88-44)
2. That R. G. Cross, M. J. Freeman, J. R.
Kazmierczak, and G. A. McAbee shall be removed from
the Bridge and Building seniority rosters coming
under the Maintenance of Way Agreement.
FINDINGS:
Claimants R. G. Cross, M. J. Freeman, J. R. Kazmierczak, and
G. A. McAbee were employed by the Carrier as bridge inspectors.
On March 18, 1988, the organization notified the Carrier
that it had violated the provisions of the parties' effective
working agreement dated February 1, 1951, when it permitted
Claimants R. G. Cross, M. J. Freeman, J. R. Kazmierczak, and G.
A. McAbee, who were covered under the scope of the parties'
working agreement, to remain on the seniority rosters in the
Bridge and Building Sub-Department after they were assigned to
bridge inspector positions. The bridge inspectors are not
covered under the scope of the parties' working agreement nor are
they classified as supervisors. On April 25, 1988, the Carrier
replied stating that it had committed no rule violations and that
Awo 697- /837
it is the employee's responsibility to protest any errors, in
writing, to the Carrier's office. This matter then came before
this Board.
This Board has reviewed the record in this case, and we find
that Rule 18 clearly states that employees promoted to
supervisory positions with the company will retain and continue
to accumulate seniority that was previously held under the
Maintenance of Way agreement. The record reveals that two other
employees were previously promoted to bridge inspector and later
exercised their seniority to go back to the B & B Gang.
Moreover, the position of bridge inspector is covered by the
Supervisors' Association (ARASA).
The Carrier has the right to determine who its supervisors
are without interference by the Organization. In the past,
employees have been promoted into supervisory positions and then
utilized their seniority to go back into a bargaining-unit
position. They did not forfeit the agreement.
This Board cannot find that the Organization met its burden
of proof in this case. Therefore, the claim must be denied.
AWARD:
Claim denied
ra)K
carrier me anization Membe
Dated:
Apr-i
2l ~9l
2