Public Law Board No. 3514
PARTIES Brotherhood of Maintenance of Way Employes
bI7UTE: and
Consolidated Rail Corporation
STATEMENT Grievance by Trackman J. K. Johnson alleging that
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CLAIM: he was deprived of work and pay by an illegal
bump on a trackman position.
FINDINGS: Claimant, a furloughed employe, applied for one
of the trackmen positions advertised on April 12,
1982. He was one of the four applicants awarded
those positions. He was also the most junior of
those four trackmen.
When claimant reported for service on April 26,
1982, he was told that he had been awarded the position erroneously
since Rule 3 Section 3(c) provides as follows:
"Application for new positions
or vacancy advertised under this
rule may only be made by active
employes."
A corrected award was subsequently issued that
awarded the position in question to A. C. Grimes, also a furloughed
employe, but senior to claimant.
PLB No. 3514 Award No. 9 Case No. 10
' While we can appreciate claimant's feelings in the
matter and his sense of frustration, Carrier has no alternative but
to adhere to the terms of the controlling Agreement, one of the provisions of which is the above quoted Rule 3 Section 3(c). The claim
must be denied since it is without basis in the Agreement.
AWARD: Claim denied.
Adopted at Philadelphia, Pa., July 12, 1984.
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rier Me er ~ Employeember