Award No.
8
Docket No.
285
PUBLIC LAW BOARD N0.
566
PENNSYLVANIA FEDERATION BROTHERHOOD OF MAINTENANCE
OF WAY EMPLOYES
PENN CENTRAL TRANSPORTATION COMPANY
STATEMENT OF CLAIM
:
"l
That the M. W. Agreement was violated
on December
29, 1967,
when senior fur-
l-)ughed employe eras not called from
furlough in accordance with rules of
the M. W. Agreement.
2.
That R. T. Custis, furloughed employe,
be compensated eight
(8)
hours pay for
December
29, 1967,
January 1,
2, 3, 4,
5, 8, 9, 10, 11, 12, 15, 16, 17, 18,
19, 22, 23, 24, 25, 26, 29, 30, 31,
1968,
February 1,
2, 5, 6, 7, 8, 9,
1968
and all subsequent working days
until recalled to service."
OPINION OF BOARD: We quote from the JOINT STATEMENT OF AGREED
UPON
FACTS as follows:
"The Claimant, R. T. Custis, and L. A, Johnson
held position of Trackmen in District Gang
037;
rate of pay
$2.658
per hour.
Effective December
18, 1967,
the Trackmen
positions held by R. T. Curtis and L. A. Johnson in Gang
037
were abolished.
On December
19, 1967,
R. T. Curtis and L. A.
Johnson were furloughed under Rule
3 D-1.
On December
29, 1967,
L. A. Johnson was
awarded position
5-127-27
in Gang
108.
R. T. Curtis entered service Play 18,
1967
and appears on the Trackman Seniority Roster as number
368.
L. A. Johnson entered service August
4, 1967
and appears on the Trackman Seniority Roster as number
373."
WR. A.
ABM. OFFICE
^P
P(. (3
5!0 (o
Awai-8 8
On December 18, 1967
while still in active
service
, L. A. Johnson submitted a bid for an advertised position on
another gang. Claimant did not bid in on the position but elected
to take furlough under the provisions of Rule 3 D-1.
The Organization contends that there was a
"reduction in force" when the vacancy on the other gang occurred,, and
therefore an "increase in force" occurred when the vacancy was filled.
As such, the Organization argues, Carrier was required to call Claimant.
The Board does not agree. There was no
increase in the trachen force; rather, it piss the filling of an advert:
tised vacancy. Since the junior employe was the only one to bid in the
position (which claimant -leclined to do), Carrier was within its right
to fill the advertised vacancy with the junior employee.
AWARD
: The claim is denied:
PUBLIC LAW BOARD N0.
566
Isl
Nicholas H. Zumas
Nicholas H. Zumas, Chairman
/s/ A. J. Cunningham /s/ S. J. Wilson
A. J. Cunningham, Employe Member S. J. Wilson, Carrier Member
Signed and dated at Philadelphia, Penna.
December 18=
1970