SPECIAL BOARD OF ADJUSTMENT N0.
313
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
UNION PACIFIC RAILROAD COMPANY
STATE.' OF CIA2M
:
"Claim of the System Committee of the Brotherhood that:
"(1) The Carrier violated the effective agreement by failing to
correctly inform Roadway Equipment Operator, M. A. Lawson,
of his displacement rights when he became furloughed in
force reduction on or about December 12,
1958.
"(2) The Carrier shall now reimburse Claimant M. A. Lawson for
an equal amount of time as was worked by a junior Roadway
Equipment Helper during the period from December
15, 1958,
to January
15, 1959,
inclusive on account of the Carrier's
action referred to
in
Part (1) of this claim."
FINDINGS
:
Special Board of Adjustment No.
313,
after giving the parties to this dispute
due notice of hearing thereon and upon the whole record and all the evidence, finds
and holds:
The carrier and employes involved in this dispute are respectively carrier and
employes within the meaning of the Railway Labor Act, as approved June 21,
1934.
This Board has jurisdiction over the dispute involved herein.
This case is a claim by Roadway Equipment Operator Mac A. Lawson for the pay
he would have received during the time worked by a junior employee.
The organization claims, and claimant states by affidavit, that upon being
furloughed December
15, 1958,
claimant "Lawson promptly contacted the Division
Engineer's office at Salt Lake City, under whose jurisdiction he was working but
was advised that there were no employees then working in his seniority group, junior
to him, over whom he might exercise his displacement rights."
The case must turn on whether claimant took the necessary steps to preserve his
right to displace a junior employee, or at least such a, substantial compliance with
the rule and a good-faith effort to exercise his rights, that the carrier should
have known, under all the circumstances, that claimant was attempting to exercise
his rights to displace under Rule
36(c).
- 2 - Award No. 22 (SBA No.
313)
The carrier is not an absolute insurer that all employees will receive all
of their seniority rights. The employee must take the steps as provided in the
rules for exercising his rights, and considering all the evidence in this case we
believe that claimant took the necessary steps.
For these reasons the claim should be sustained.
AWARD:
The claim is sustained.
SPECIAL BOARD OF ADJUSTMENT N0.
313
(si Marion Beatty
Mar on eatty, Chairman
(s) A. J. Cunni.ngham
A, J. Cunningham, Organization Member
(s) A. D. Hanson
A. D. Hanson, Carrier Member
Omaha, Nebraska
November 21,
1960