NATIONAL MEDIATION BOARD
SPECIAL BOARD
OF
ADJUSTMENT NO. 1049
JOHN C. FLETCHER, CHAIRMAN & NEUTRAL MEMBER
E. N. JACOBS, JR., CARRIER MEMBER
RICHARD A. LAU, ORGANIZATION MEMBER
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
NORFOLK SOUTHERN RAILWAY COMPANY
Award No. 83
Case No. 83
Date of
Hearing - August
1, 1997
Da
teofAward-December27, 1997
Statement of Claim:
1. The Carrier violated the Agreement when it improperly
listed Mr. J. R. Chrisman as having a B&B Helper seniority date of
November 18, 1983 and Mr. D. M. West, Jr., as having a B&B Helper
seniority date of October 29, 1984 on the January 25, 1995 B&B
Subdepartment Northwest Region Seniority Roster (System File
JRK0597/CS-MW-1-58-2).
2) As a consequence of the above stated violations Mr. J. R.
Chrisman shall now have his seniority date on the roster
changed to reflect a February 20, 1987 date and Mr. D. M. West, Jr.
Shall now have his seniority date on the roster changed to reflect
a June 10, 1987 date.
FINDINGS:
Special Board of Adjustment No. 1049, upon the whole record and all of
the evidence, finds and holds that the Employee(s) and the Carrier are
employee and carrier within the meaning of the Railway Labor Act, as
amended; and, that the Board has jurisdiction over the dispute(s) herein; and,
that the parties to the dispute(s) were given due notice of the hearing thereon
and did participate therein.
This dispute arises because Mr. Chrisman and Mr. West inadvertently
had their names omitted from the applicable seniority roster. When the 1996
roster was prepared the omitted names were corrected to reflect proper
seniority dates.
The Board has been furnished with no information to indicate that 1996
roster dates of Chrisman and West are not their correct dates. We also have not
been furnished with an acceptable basis to conclude that the insertion of the
· SBA - 1049
BMWE - NS
Award No. 83
omitted names in their correct position on the 1996 roster was somehow or
other in error.
Accordingly, the claim will be denied.
AWARD
Claim denied.
----------------------
John C. letcher, hairman & Neutral Member
E. N. Jaco s Jr:, Carrier mber Richard A. Lau, Employee Member
Dated at Mt. Prospect, Illinois., December 27, 1997
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