SPECIAL BOARD OF ADJUSTMENT NO. 1049
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES )
DIVISION - IBT RAIL CONFERENCE ) Case No. 202
and )
Award No. 202
NORFOLK SOUTHERN RAILWAY COMPANY )
Richard K. Hanft, Chairman & Neutral Member
T. W. Kreke, Employee Member
D. L. Kerby, Carrier Member
Hearing Date: May 1, 2010
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
1. The Carrier violated Rules 2, 3, 4, and 9 of the Agreement when it placed the
names of several employes assigned to operate machines in the D- I Classification
on all four (4) 200$ Southern Track A- l Foreman Seniority Rosters (Carrier's File
CS-MW-1-58-2 12009A1-FI)
2. As a consequence of the violation referred to in Part 1 above, the Carrier shall
make the appropriate changes to the A- I Foreman Seniority Rosters removing all
D-I Machine Operators improperly placed thereon."
Upon the whole record and all of the evidence, after hearing, the Board finds that the
parties herein are carrier and employee within the meaning of the Railway Labor Act, as
amended and this Board is duly constituted by agreement under Public Law 89-456 and has
jurisdiction of the parties and the subject matter.
This dispute concerns the alleged placement of employees assigned to operate machines
in the D- I classification onto the 2008 Southern Track A- I Foreman Seniority Rosters by virtue
of having completed 91 days in the A- I classification. Specifically, the involved employees
would be D-1 Operators of Gradall machines who were given the job title of Foreman-Operator
and thereby alleged that they were performing `service' in the A-1 rank
Given that the A-Rank and D-Rank are separate sub-departments under the seniority rule,
as correctly argued by the Organization, employees regularly assigned to operate a D-1 rank
machine could not have simultaneously performed service in the A-rank as contemplated by the
SBA No. 1049
AWARD 202
rules with respect to establishing an A-1 seniority date after 91 days of service in the rank,
regardless of the historic Foreman-Operator job title.. The Organization's protest was timely and
properly presented. However, this Board must dismiss the claim because it is not ripe for
adjudication. The Organization has failed to name any employees who were erroneously placed
on the 2008 Southern Track A- I Foreman Seniority Roster.
The Board shall retain jurisdiction of this matter and in the event that the Organization
timely identifies any employees placed on the 2008 Southern Track A-1 Foreman Seniority
Roster, the matter shall be remanded to the parties for discussion. In the event that settlement
cannot be achieved through discussions, the Board reserves jurisdiction to settle the matter.
AWARD
Claim dismissed.
D.1-. Kerby
Carrier Member
Dated:
Dated at Chicago, Illinois, June 30, 2010
Richard K. Hanft, Ch ' an
T.~W. Kreke/
Employee Member
Dated: -~,
