PASTIES TO DISPTJTE:



                Norfolk S_..=_=ern Railway Company


STA77EMENTT OF CLAIM:

      Claim on behalf of 'iir;_-:ia Division Engineer S. J. Hall protesting h--s s=and_ng on the Blue Ridge District Senioritl Roster.


OPINION OF THE BGPR.1.:

 This is a Seniority ..as=. The issue framed for decision is the protest of Claimant E-o__._=r for his proper placement on the Blue Ridge District SenicrityyRoster for Engineers. The very narrow question is whether __a_mant was properly positioned en the Engineer's --ester be-=i _=her employees who were junior in trainmen seniority, but w~c *.aent to Locomotive Engineer Training (LET) school ahead of him, and cegan work as Engineers after their comp1eticn of train--;. _..= r=eason for the so called runaround was the CI_aimant ___~ :._==ai=.ed a shoulder injury on March 25, '_995, and was unable =..~crk for a period of time thereafter. When he was finallv cleared _.,_ return to duty, he was not medically cleared for grc~_n_ service. He was thereafter sent to the first available LET c_=.--s, which began on or about April 1992. He completed his 7__ -=a-ning and was placed on the Engineer's roster on Acri_ -'', _99.

 The gist of Petitioner's complaint is that Claimant, through
 no fault of his own, was =--_e to participate in earlier LET
 classes, De--ause of his ,l _-__=y injury, therefore Carrier should
 consider such an event _ m_=_-==ing factor in assigning
 senicritv.

 With veer=°_ct candcr, __- _e=_=-ener make: an amp°_alin.'~; revues= -for Jast i'--e. ^Cwe-;=_ :urs is not a Board o_ Equity. The EGard's funcz-on under =___ <.a-1waV Labor pct, i.., to i_nte_rrVrrat
 and aCDiy -gree-,ilenLs in dcz:r :__^_ca with -h21r t?r-f'.S.L^. L his
                                                SBA 1063

                  ' Case No. 370

                                            Award No. 370

                                            Page Two


plainly state the seniority date "shall be the date Of his (her) first service as engineer". In short, it is the BLE contract that determines seniority as an Engineer, so other contractual provisions covering ground ser-rice employees must be harmonized with those provisions.

 It was an unfortunate turn of events that prevented Claimant from entering and completing his LET training and first performance of Engineer's service, which is the event that triggers Engineer seniority en=izlement. Thus, it is the contract that controls our disposition, so the claim must be denied.

 FT_VDINGS:

 The Agreement was not violated.

 AWARD
Claim Denied.

 Dated at Norfolk, Virginia, this... Y day of, 2001.

                          'r7. ~ . E: ker, Nee ra1 Member


                          ~. R. Weaver, Carrier Member


                          P. T. Sorrow, Organization Member


Carrier File: TN-7