PUBLIC LAW BOARD N0. 2774
Award No. 137
Case No. 137
PARTIES Brotherhood of Maintenance of Way Employees
- 10 and
DISPUTE Atchison, Topeka and Santa Fe Railway Company
STATEMENT "1. That the Carrier violated Memorandum of Agreement dated
OF CLAIM June 23, 1983, when on March 29, 1984, it refused to
insert Trackman G. A. Glasby's name in its proper order
on the Group 7, Class 2, 3 and 4 Seniority Roster.
2. That Claimant G. A. Glasby's name be inserted in the
proper place of the Group 7, Classes 2, 3 and 4 Seniority
Roster and that he receive the differential in wages be
tween that of Trackman and what he
would
have earned as
a Group 7, Class 2 Machine Operator beginning March 29,
1984, and continuing forward."
FINDINGS
Upon the whole record, after hearing, the Board finds that the parties herein
are Carrier and Employees within the meaning of the Railway Labor Act, as
amended, and that this Board is duly constituted under Public Law 89-456 and
has jurisdiction of the parties and the subject matter.
Prior to June 23, 1983, a category of employees designated as "Miscellaneous
Machine Operators" existed to operate certain specified machines. Those Miscellaneous Machine Operators held no seniority as such, and were selected based on
a number of criteria including their relative seniority in the various groups
and classes listed in Rule 2(a) of the agreement. Any employee desiring to
operate a miscellaneous machine had to submit a written application for such
service. When such employee was selected as a Miscellaneous Machine Operator
based on his relative seniority &d'other groups and classes and demonstration
of fitness and ability among other factors, he was thereafter considered to be
a member of Carrier's pool of Miscellaneous Machine Operators. When his seniority
would not permit him to work as a Miscellaneous Machine Operator, he was allowed
to exercise the seniority he held in the other groups mentioned in Rule 2(a) of
the agreement. When working in those other groups and classes, whenever there
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. Award & Case No. 137
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was a force reduction or seniority was held, he was still considered a member of
the pool of Miscellaneous Machine Operators. Such an employee could remove himself from that pool by notifying Carrier in writing that he desired to relinquish
his rights to service as a Miscellaneous Machine Operator. In this dispute, the
claimant herein did just exactly that on June 17, 1980.
On June 23, 1983, the parties signed a Memorandum of Agreement which provided effective
September 1, 1983, for.the inclusion of Miscellaneous Machine Operators in the
Group 7 seniority classification. Miscellaneous Machine Operators thereby became
Group 7 Machine Operators with seniority in Classes 2, 3 and/or 4. That Memorandum of Agreement provided in part:
"An employee ranking on the Group 7 seniority roster(s)
for Classes 2, 3 and 4 shall be based on the*individual
employee's earliest seniority date on the current seniority
roster in any class subject to the Maintenance of Way Agreement
on the particular seniority districts involved."
The agreement continues to provide:
" .... any employee in service or subject to recall who was
operating a machine listed in one of the new classes or has
theretofore demonstrated proper qualifications for operation
of any of the machines listed in one of the new classes
shall have a seniority date established in the classes of
- Group 7 where said machine 'S' is (are) listed as well as
in the lower classes of Group 7."
The Organization cites the language of the agreement specified above in support
of its position. That position in this instance is that the parties intended -
that the names of all employees in service are subject to recall who are operating
a machine listed in one of the new classes or had previously demonstrated proper
qualifications for operation of any 'such machine, including those who had given
up their rights to service as a Miscellaneous Machine Operator, would be given a
seniority date in one of the new classes of Group 7 (as well as any lower classes
of Group 7).
The Carrier contrarily contends that the parties' intentions were that only the
· PLB No. 2774
Award & Case No. 137
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1
names of those employees who were considered to be members of the pool of Miscellaneous Machine Operators and such operators who had been promoted (rather than
those who had given up their rights to service as a Miscellaneous Machine Operator)
would be given a seniority date in one of the new classes of Group 7, as well as
any lower classes of Group 7. In support of this position, the Carrier cites the
language of the heading or first paragraph of the Memorandum of Agreement as
follows:
"Memorandum of Agreement between the Atchison, Topeka and
Santa Fe Railway Company and its employees represented by
the Brotherhood of Maintenance of Way Employees, revising
certain rules of the August 1, 1980 Maintenance of Way
Agreement to include Miscellaneous Machine Operators in
Group 7, effective September 1, 1983."
The Board concludes that the Carrier's position in this dispute is correct. The
heading of the paragraph cited by Carrier clearly sets forth that the intent of
the agreement was to include Miscellaneous Machine Operators in Group 7. Since,
in this instance, claimant was not a-Miscellaneous Machine Operator, having
relinquished his rights to that position on June17, 1980, he had no rights as set
forth in the claim.
The Board also notes that white the agreement language cited by petitioner, if
isolated from other provisions of the agreement, would appear to support the
Organization's position in this dispute, that same language is fully compatible
with Carrier's position. The language in question is applicable only to those
employees who were regarded as members of the Carrier's pool of Miscellaneous
Machine Operators, that is, those who were operating the machines listed, those
who had previously operated such machines but were furloughed and subject to
recall as a Miscellaneous Machine Operator on September 1, 1983, and those who
had previously operated such machines but were working on higher rated positions
or positions in other groups and classes (such as Foremen, Assistant Foremen,
etc.) and had not given up their rights to operate miscellaneous machines.
Further, if one applies a test of reason to this dispute, it is impossible to see
any basis for treating those who have given up their Machine Operator rights
in the same fashion as those who have maintained their status as members of
Carrier's pool of Miscellaneous Machine Operators. If one were to treat both
categories of employees equally in applying the new agreement, it would be the
' PLB No. 2774
Award & Case No. 137
J ,
-4-
equivalent of rewarding those employees who relinquished their Machine Operator
rights at the expense of those who maintained their Machine Operator rights.
This would be clearly unfair to those who were maintaining such rights as of
September 1, 1983. For the reasons indicated, it is apparent that the claim
must be denied.
AWARD q
Claim denied.
I. M. Lieberman, Neutral-Chairman
j~`,~O
t`G'`~armon, Cam r Member C. of ose, ~ployee Member
Chicago, Illinois
May ' , 1985