SPECIAL BOARD OF ADJUSTMENT 1016
Award No. 181
Case No. 181
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way
Employees
and
Consolidated Rail Corporation
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that:
1. The Agreement was violated when the Carrier assigned
Cleveland Youngstown Seniority employee D. Kelbert to
perform work on Tie Gang TO 402 on the Pittsburgh Seniority
District beginning June 9, 1997 and continuing, instead of
calling and assigning Pittsburgh Seniority District employe
J. Main to perform said work (System Docket MW-4979).
2. As a consequence of the violation referred to in
Part (1) above, Mr. J. Main shall be allowed ". . ten
(10) hours a day, all overtime, to be credited with day
and month, to be made whole."
FINDINGS:
This Board, upon the whole record and all of the evidence, finds
and holds as follows:
1. That the Carrier and the Employee involved in this
dispute are, respectively, Carrier and Employee within the
meaning of the Railway Labor Act, as amended,; and
2. That the Board has jurisdiction over this dispute.
OPINION OF THE BOARD:
The record indicates that the Carrier assigned a furloughed
employee to perform the disputed work (serving as a Foreman on a
temporary basis) instead of assigning the Claimant, who also was
a furloughed employee.
Rule 3 (Selection of Positions) provides, in pertinent part,
that:
Section 4. Filling temporary vacancies.
(a) A position or vacancy may be filled
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temporarily pending assignment. When new positions or
vacancies occur, the senior qualified available
employees will given preference, whether working in a
lower rated position or in the same grade or class
pending advertisement and award.
When furloughed employees are to be used to fill
positions under this Section, the senior qualified
furloughed employees in the seniority district shall be
offered the opportunity to return to service. Such
employees who return and are not awarded a position or
assigned to another vacancy shall return to furlough
status.
(e) The word "senior" as used in paragraph (a) of
this Section means, first, senior in the class in which
the assignment is to be made and, thereafter, in the
lower classes respectively, in the same group in the
order in which the classes appear on the seniority
roster. The word "senior" as used in paragraph (b) of
this Section means either senior in the class in which
the assignment has been made or senior in the highest
class in the same group in which the employee assigned
holds seniority.
Rule 4 (Seniority) provides, in pertinent part, that:
Section 3. Return to service.
An employee not in service will be subject to
return to work from furlough in seniority order in any
class in which he holds seniority in his working zone
(either Divisional, Zone or Regional).
Section 5. Seniority districts.
(a) The operating division seniority districts
shown in Appendix 'C' and the following separate
seniority districts are established:
(b) The following seniority districts for
Regional Production Units in the Track Department are
shown in Appendix 'E':
Seniority District - Eastern Zone
- Western Zone
(c) The seniority districts hereby established
may only be changed by agreement between the senior
Director-Labor Relations and the involved General
Chairman. When the territory of an operating division
is subsequently changed, either party may request a
meeting to negotiate changes in seniority districts.
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The record indicates that the Claimant did not possess greater
seniority as a qualified Foreman than Mr. Kebert. In the absence
of such required qualifications at the relevant time, the
Claimant's greater Track Department seniority lacked relevance.
No other matters raised by the parties affect the disposition of
the dispute.
AWARD:
The Claim is denied.
obert L. Do las
Chairman and Neutral Member
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R. . Robinson . L. Kerb
Emp oyee Member Carrier Member
Dated: t
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