1.1 These rules shall be the agreement between D&H Corporation and its employees on the Delaware and Hudson Railway in the classifications set forth in Rule 28 represented by the Brotherhood of Maintenance of Way Employees, engaged in work generally recognized as Maintenance of Way work, such as, inspection, construction, repair and maintenance of water facilities, bridges, culverts, buildings and other structures, tracks, fences and roadbed, and work which, as of the effective date of this Agreement, was being performed by these employees, and shall govern the rates of pay, rules and working conditions of such employees.
1.2 It is understood and agreed in the application of this provision that any work which was being performed prior to the date of acquisition on the property of the D&H Railroad, by other than employees covered by this Agreement, may continue to be performed by such other employees at the locations at which such work was performed by past practice or agreement on the effective date of This Agreement. It is also understood that work not covered by this Agreement which was being performed on the D&H Railroad, prior to the date of acquisition by employees covered by this Agreement will not be removed from the regular work assignments of the employees at the locations at which such work was performed by past practice or agreement on the effective date of this Agreement.
1.3 In the event the Carrier plans to contract out work within the scope of this Agreement, except in emergencies, the Carrier shall notify the General Chairman involved, in writing, as far in advance of the date of the contracting transaction as is practical and in any event not less than fifteen (15) days prior thereto. "Emergencies" applies to fires, floods, heavy snow and like circumstances.
1.4 If the General Chairman, or his representative, requests a meeting to discuss matters relating to the said contracting transaction, the designated representative ofthe Carrier shall promptly meet with him for that purpose. Said Carrier and Organization representatives shall make a good faith attempt to reach an understanding concerning said contracting, but, if no understanding is reached, the Carrier may nevertheless proceed with said contracting and the organization may file and progress claims in connection therewith.
1.5 Nothing in this Rule shall effect the existing rights of either party in connection with contracting out. Its purpose is to require the Company to give an advance notice and, if requested, to meet with the General Chairman or his representative to discuss and, if possible, reach an understanding in connection therewith.
4.1 Except as provided in Rule 3.19, seniority begins at the time the employee's pay starts. If two (2) or more employees start to work on the same calendar day, their seniority rank on the roster will be in alphabetical order. An employee assigned to a position of higher class than trackman will begin to earn seniority in such higher class and lower class on the same seniority rostei in which he has not previously acquired seniority from the date first awarded an advertised position in such higher class. He will retain and accumulate seniority in the lower class from which assigned. An employee entering service in a class above that of trackman will acquireseniority in that class from the date assigned to an advertised position and will establish seniority as of the same date in all lower classes on the same seniority roster.
UNION CASE NO. 22 COMPANY CASE NO. 8-00406 Operator position occupied by Mr. Lipka. After Mr. Smith retired, Carrier reduced the manning at SK Yard from three (3) to two (2) employees, by promoting Claimant to the Track Foreman position and blanking his former Trackman position.
As described with specificity in Award No. 12 of this Board, Carrier disqualified Claimant from all Foreman positions in January 2003. Because at that time there no longer was a Trackman position at SK Yard and Claimant had no seniority rights in the SEO position, he was furloughed. Subsequently, until it eventually filled the Track Foreman position from which Claimant had been disqualified, Carrier occasionally called Claimant in as needed. The gravamen of the instant claim(s) is that Carrier supplemented these calls with the use of outside contractor employees to also perform Agreement-covered work formerly performed by Claimant as Trackman or Track Foreman.
Based on a careful review of the record evidence and contract language, we are persuaded that the claims presented for Mr. Radzikowski by the Organization have merit. Due to the unique facts and circumstances and without precedent value or prejudice to the positions of either Party, these claims are sustained by directing Carrier to pay compensatory damages to Claimant, for each claim date, in an amount equal to the difference, if any, between the Trackman rate of pay (straight time or overtime as the case may be) and his other compensation for that claim date. [In that regard, it is also noted that, during the time period covered by the claim(s), Mr. Radzikowski was covered by Appendix S of the Collective Bargaining Agreement of December 21, 1999, viz., Supplemental Unemployment Benefits ("SUB")].