NATIONAL MEDIATION BOARD
PUBLIC LAW BOARD N0. 4370
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
BURLINGTON
NORTHERN RAILROAD
COMPANY
AWARD
NO. 9
Case
No. 8
STATEMENT OF CLAIM
1. The Carrier rallied provisions of the current
agreement when it recalled or otherwise allowed Junior
Employe Mr. J. D. Whatley to occupy a position prior
to recalling a Senior Employe Claimant C. R. Bussey.
2. That Mr. C. R. Bussey be compensated all wage
loss suffered as a result of the rule violation as outlined above.
F
I -N
D I N G S
By letter dated October 2,
1986,
the Claimant was recalled
to service as a Track Laborer commencing October
6, 1986.
He
reported for such work on October
9, 1986.
At approximately the
same time, a junior employee wasalso recalled to work for October
6, but reportedand was accepted for work commencing October 1,
1986.
The Organization argues that the Claimant was improperly
deprived of work owing to the recall-of a junior em loyee prior
'U~: 1 1988
EMPLOYEE RELATIOb4s
PLB No. 4370
Award No. 9
Page 2
to the Claimant's recall-date. The Organization points to Rule
14, which reads in pertinent part as follows:
When forces are increased, or vacancies occur,
employees who have been cut off in force reduction
or forced to displace in a lower class, shall be
recalled to service in the orderro-f_,,heirr seniority.
(Emphasis added)
The Carrier was not in compliance with Rule 14 in the recall
of the two employees. Claimant is entitled to pay equivalent
to time worked by the junior employee from October 1 through
October 5, 1986. No pay is due commencing October 6, at which
time the Claimant was recalled.
A W A R D
Claim sustained to the extend provided in the Findings.
The Carrier
is
directed to put this award into effect within thirty
(30) days of the date of this award.
G
KI
HERBERT L. MARX, JR., Referee
ZW'CC'-CG'~
C. F. Foose, Employee Member R.J. ychneider, Carrier Member
NEW YORK, NY
DATED: