SPECIAL BIARD OF ADJUSTMENT N0. 293
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
THE CENTRAL RAILROAD COMPANY OF NEW JERSEY
STATEMENT OF CLAIM:
Claim that the Carrier violated the agreement when on or about August 16,
1960, it abolished the position of Area Foreman at Newark and failed to
fill this position under the effective agreement.
That the senior foreman be reimbursed the equivalent amount of hours
he would have earned had he been assigned to this position effective
August 16, 1960,and until violation is discontinued.
That a senior laborer under our agreement be reimbursed the equivalent
number of hours he would have earned had he been recalled to duty as a
result of a Senior Foreman being advanced to the position of Area Foreman
at Newark, N.J., from August 16, 1960, and until this violation is discontinued.
OPINION OF BOARD:
Because of existing unfavorable economic conditions the Carrier abolished a
number of positions, one of which was that of Area Foreman at Newark (a non-scope
position) -- abolished effective August 16, 1960. As a result of this abolish
ment the incumbent of the position displaced a junior foreman under the scope of
the Agreement. The subsequent chain of displacements ended in the furlough of a
junior track laborer, who became unemployed. A claim was then filed in behalf
of a senior foreman, who allegedly was entitled to be continued as the Area Fore
man, and also in behalf of the track laborer who was furloughed as a result of
the chain of displacements.
Paragraph 6 of Exhibit No.
14
of the Agreement states in pertinent part:
"...the positions of Area Foreman at Vineland and Newark will continue as nonscope assignments until such time as the present incumbents vacate these positions.
At that time, these positions will be advertised and awarded as outlined above
and rate of pay for these positions will be negotiated between the parties signatory thereto." The contention advanced in support of this claim is that the incumbent of the Area Foreman position at Newark "vacated" this position as a result
of the abolishment effective August 16, 1960 and, in accordance with the abovequoted provision, the Carrier was therefore required to advertise and award the
position to an employee covered by the Agreement.
Although Appendix A of Exhibit No.
14
lists various guaranteed positions at
specified locations, the Area Foreman position at Newark is not so listed.
Furthermore, the incumbent of this position did not "vacate" said position
effective August 16, 1960. The term "vacate" means "to leave, give up" and it
AWARD N0.
27
CASE No. Mw
285
- 2 -
is clear that the incumbent of the Newark Area Foreman position did not take such
action. His position was voided, with the result that he had no choice but to
exercise his seniority to displace in another position or accept a furlough.
Since continuation of the subject Area Foreman position is not guaranteed
in Appendix A of Exhibit No.
14,
and since the incumbent did not vacate said
position, it follows that the claim is without merit.
A WAR D: Claim denied.
/sd/ Lloyd H. Bailer
Lloyd H. Bailer, Neutral Member
/sd/ A. J. Cunningham /ad/ C. S. Strang
A. J. Cunningham, Employee Member C. S. Strang, Carrier Member
Jersey City, N. J.
October 13,
1964.