BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 924
PARTIES: BROTHERHOOD OF MAINTENANCE OF WAY B'9?--,0YZS
TO
DISPUTE: CHICAGO & NORTH WESTERN TRANSPORTATION C0.
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
1. The Carrier violated the Agreement when it called and used a
junior employe to perform extra work commencing April 3,
1987, instead of calling and using Trackman M. Whitaker who
was the senior furloughed employe. (Organization File 9KB4288T; Carrier File 81-87-85).
2. Claimant M. Whitaker shall be compensated for all hours
worked by the junior employe commencing April 3, 1987, and
until he is recalled to service.
FINDINGS:
The Claimant, with seniority dating from September 5, 1979, in
Zone A of Seniority District T-9 was in a furlough status when extra
work became available at Proviso, Illinois. The Organization contends
that the Carrier failed to call the Claimant for extra work and
instead called and used three junior employes. The claim was denied
and has resulted in the dispute being placed before this Board.
This Board has reviewed the record in this case and we find that
the Carrier made two telephone calls to the Claimant on two
consecutive days in an effort to offer him the work in question.
However, on neithec occasion was the Claimant at home. There was no
answer to telephone calls on March 18 or March 19, and the caller
noted in the record that the Claimant was on vacation. Moreover, the
record reveals that the Claimant had indicated to a Supervisor that he
had intended to travel by rail during his vacation.
There is no question that the Carrier bears the burden of trying
to call in the most senior employees to return from furlough before
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calling in junior employees. However, this Carrier has met its burden
by attempting on two separate occasions to reach the Claimant. This
Board finds that the Carrier made a good faith effort in attempting to
contact the more senior furloughed employe and he was unavailable.
The Carrier then has a right to find less senior employes to perform
the necessary work.
AWARD
Claim denied.
Neutral'Membe
rrier Mem r or an'zation Mem e
Date:
NOV 2 8 1989
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