' SPECIAL BOARD OF ADJUSTMENT N0. 956
PARTIES Brotherhood of Maintenance of Way Employees
TO
DISPUTE: and
New Jersey Transit Rail Operations, Inc.
STATEMENT The Carrier has violated the current Scheduled
OF
CLAIM: Agreement, particularly Rules 3, 4, 17, and other
pertaining rules, when it failed to award the position of
bridge operator to Claimant N. Santamaria and refused to
grant the Claimant seniority and used the junior employee
for overtime on the bridge operator position for 88 hours
during October and November 1985.
FINDINGS: The Claimant was a trackman with a seniority date of
November 1, 1978, In May of 1985, the Claimant placed
bids on the position of bridge operator at Newark Draw
Bridge as an operator. On May 28, 1985, the Carrier awarded the position of
drawbridge operator to Trackman A. Buie, who had a seniority date of April 16,
1979, and 1985 the Carrier awarded the position as bridge operator to Trackman
J. Burroughs, who had a seniority date of 1983.
As a result of being awarded the position of bridge operator at Newark
Drawbridge on June 17, 1985, and after numerous complaints, the Carrier
granted a seniority date for Claimant Santamaria senior to that of Trackman
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Burroughs. However, the Carrier refused to grant a seniority date senior to
Trackman Buie.
The Claimant was the senior employee as a trackman and was in a lower
class as set forth in the trackman group in accordance with Rule 1 of the
Agreement.
The Organization argued that the Claimant, being the senior qualified
applicant, should have been granted the position based on the rules of
agreement, and likewise, should be entitled to a seniority date senior to
Trackman
A.
Buie, which would have granted Claimant the overtime.
The Carrier, in rebuttal to the position of the Organization, maintains
it has a managerial right to ascertain when the Claimant would be considered
qualified and alleges that if in fact the Claimant was granted the seniority
date, the Claimant would not have been entitled to the overtime but was
promptly compensated.
The record establishes that neither of the arguments presented by the
parties is controlling in deciding the issue in this matter.
Upon review, the record indicates tht Claimant Santamaria properly made
application for every available position concerning Bridge Operator for the
Raritan River to the Hoboken and Newark areas. While he was, in fact, outbid
the Raritan River by an older employee, his second preference for Newark
Drawbridge should have been honored. Thus, Claimant Santamaria is entitled to
a seniority date senior to
A.
Buie on the same date ahead of
A.
Buie.
However, the Organization was unable to bear the burden of proof'the
Claimant was entitled to the hours claimed.
Page 3
AWARD: Claimant shall be granted a senior date the same as A.
Buie and placed on the Bridge Operator's Roster ahead and
senior to A. Buie and shall be granted 25 hours' pay at
the applicable bridge operator's rate of pay.
Adoot d at New k, 0 r 30, 2987.
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a ld M. Weston Chairman
Carrier Member Employee Member