Public Law Board 2203
PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE: and
Consolidated Rail Corporation
STATEMENT "Claim of Horace J. Stragratonio, Jr., a fur
_OF
CLAIM: loughed Trackman, against Harry L. Nace, ap
pointed to unadvertised position as Curve-Liner
at Phillipsburg, N. J., on the former Penn
Central."
FINDINGS: Nace, a curve liner, was temporarily trans
ferred from the Easton Seniority District to
the Coxton Seniority District where he was as
. signed as timekeeper for a rail gang. His last
day of work before his transfer was November 5,
1976.
When on January 7, 1977, that gang was abolished,
Nace accepted employment in a curve liner position headquartered
at Phillipsburg, N. J., instead of returning to his former posi-
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tion which was headquartered at Bethlehem, Pa. During the period
from November 6, 1976 to January 7, he did work in his regular
curve liner position on November 11 and December 14 and 21.
While there may be some question as to whether
seniority rights were actually forfeited under those circumstances, it is clear that Rules 2-g and 2-g-1 were violated.
Nace did not return to his former position upon the expiration
of the temporary transfer despite Rule 2-g's unambiguous requirement in that regard. Moreover, his temporary transfer extended
for a period longer than 30 days in plain violation of Rule 2-g-1.
The fact that he performed service in his curve liner position
on three isolated days during the 60-day period does not call
for a contrary conclusion.
This Board's function is to interpret the rules
and not to pass upon their practicality or wisdom. Without question, the rules were breached in this case and it is appropriate
for Petitioner to police and administer its collective bargaining agreement. The fact that claimant is not a qualified.curve
liner is irrelevant, therefore, insofar as the basic issue as
to whether the rules have been violated is concerned. It is,
however, an element to be considered in determining the extent
of damages to be awarded.
We will sustain the claims for April 27 and 28
for the purpose of enforcing the rules and to serve notice upon
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the parties that rules to which they have committed themselves
cannot be disregarded. To allow additional compensation in
this case to an employe who has not been shown to be qualified
to perform the work at issue would constitute a windfall; we
will not allow compensation therefore for claim dates subsequent
to April 29. On the basis of this record, we cannot pass upon
the question of whether Nace's seniority was forfeited.
AWARD:
Carrier Member
Claim sustained to the extent indicated in the
last paragraph of Findings.' Award to be effective within 30 days of its adoption.
Adopted at Philadelphia, Pa.,':,
xvl
Harold M. Westori; Chairman
Employe Member