C:\AWARDS\OUT\SBA488-22.htm

SPECIAL BOARD OF ADJUSTMENT N0. 488

PARTIES: BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

and

THE BALTIMORE AND OHIO RAILROAD COMPANY

AWARD IN DOCIOU No. 22

STATEMENT "Claim of the System Committee of the Brotherhood that:

OF CLAIM:

(1) The Carrier violated the effective agreement by allowing

Foreman L. D. Summers to displace Foreman G. A. Long, on the position of

Foreman of Extra Gang No. 33221, on or about August 26,

1960.

(2) All employes affected by this improper displacement be returned to their rightful positions, and that Foreman Summers be given an opportunity now to displace in accordance with Rule 12(f)."

FINDINGS: It is Organization's contention that Carrier's action initially

was a "promotion" under Rule 12(f) when it promoted Track

Foreman L. D. Summers to the excepted position of Track Supervisor. This pro

motion of Summers came about because of the illness of Track Supervisor G. L.

Harbaugh. Acting Supervisor B. H. Simmons took Harbaugh's place, and Summers

took Simons' place.

Carrier's circular on Sumerst move into the supervisor's ,job noted that he had been promoted to "acting" Track Supervisor.

Harbaugh was off due to illness from March 1 to August 23, when he received permission from Carrier's medical examiner to resume work.

Organization treats Summers' promotion as permanent, while Carrier argues it was temporary.

Organization argues Summers' assignment was a promotion within this language of Rule 12(f).

"Employees now or hereafter promoted to supervisory positions with the Railroad Company beyond the scope of this agreement will be considered as on a leave of absence for the first sixty (60) days. Thereafter

........ their former positions will be advertised as permanent vacancies " When a man reports off duty due to illness it is only logical to treat his absence as temporary. Carrier's designation of Summerst assignment as "acting" did not indicate any permanence. It was a temporary absence. 10 S Q ~ '~f 88' DOCKET N0. 22 - 2 - In consequence, we believe Carrier's adherence to Rule 46(b-2) when Harbaugh returned to work was proper under the circumstances here present. AWARD Claim denied. (s) Edward A. Lynoh Edward A. Lynch, Chairman (s) A. J. Cunningham (sZ T. S. Woods A. J. Cunningham, Employee Member T. S. Woods, Carrier Member Dated at Baltimore, Maryland, this 7th day of May, 1963.