NATIONAL RAILROAD ADJUSTMENT BOARD CHICAGO, ILLINOIS AWARDS 6201 TO 6300 THIRD DIVISION Interpretations (Serial Nos. 131, 132, 133) VOLUME 60 CHAMPLIN-SHEALY COMPANY 100 N. La Salle Street Chicago 2, Illinois 365 Printed in U. S. A. Docket No. TE-6127 NATIONAL RAILROAD ADJUSTMENT BOARD THIRD DIVISION Thomas C. Begley, Referee PARTIES TO DISPUTE: THE ORDER OF RAILROAD TELEGRAPHERS MISSOURI PACIFIC LINES (in Texas and Louisiana) STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Missouri Pacific Lines in Texas and Louisiana, that; (a) The Carrier violated the terms of the Telegraphers' Agreement when R. C. Musgrove and J. K. Briley were denied their request, made on June 16, 1949, to return to their regular assigned positions at Opelousas, Louisiana. (b) The Carrier violated the terms of the Telegraphers' Agreement when R. C. Musgrove, was denied the right to exercise displacement rights at Opelousas, Louisiana, on June 20, 1949. (c) R. C. Musgrove be re-imbursed for the difference in compensation received, and what he would have earned had these violations not occurred. EMPLOYES' STATEMENT OF FACTS: An agreement by and between the parties, hereinafter referred to as the Telegraphers' Agreement bearing effective date of October 15, 1940, is in evidence; copies thereof being on file with the National Railroad Adjustment Board. There is located on the lines of the Carrier at Opelousas a tower which is manned by employes covered by the Telegraphers' Agreement. This agreement of October 15, 1940 lists two positions in the wage scale, designated as Leverman. On May 31, 1949, instructions were issued by the Carrier that effective June 1, 1949, the classification of the first leverman position would be changed to Telegrapher-Leverman. No change was made in the classification of the position of second Leverman. At the time, May 31, 1949, the reclassification of first Leverman was made, R. C. Musgrove held title to the regular assignment of the first leverman position, but was actually working a temporary assignment as second leverman at the Opelousas tower. J. K. Briley held title to the regular assignment of second leverman position at Opelousas but was actually working a temporary assignment as first leverman, Opelousas tower. On June 16, 1949 Musgrove and Briley made a joint request to Trainmaster E. N. Malone that they be permitted to relinquish their temporary assignments and return to their regular assignments. This request was denied by Mr. Malone. On June 16, 1949 Musgrove made request to Trainmaster Malone for the right to exercise seniority by displacing Briley who was a junior employe, holding title to the assignment of second leverman. Mr. Malone declined the request. POSITION OF EMPLOYES: The facts in the case show quite clearly that the Carrier failed to comply with the terms of the Agreement. There was no good reason why the request made by Musgrove and Briley on June 16, 1949, covering a return to their regular positions, should not have been granted. As will be shown, these employes had every right, under the rules of the agreement to return to their regular assignments. It was the Carrier's obligation to correctly interpret and correctly apply the rules. Apparently Trainmaster Malone either became confused, or wilfully took advantage of the peculiar situation which existed at Opelousas. This was used as a reason or excuse for the arbitrary position taken by him when he denied the Employes' request. In order to get a picture of the conditions at the time it will be necessary to examine some of the matters which took place prior to June 1, 1949. On February 28, 1949, Circular No. 68, reading as follows was issued: "CIRCULAR NO. 68 Bids will be received for a period of five days for the following temporary vacancies: Location-MK Yard. Position-Telegrapher. Hours-11:00 A. M. to 7:00 P. M. Rate $1.21. Assignment-Daily except Sunday. This is E. L. Fowler's regular job. E. N. Malone, This Circular No. 68 was issued in conformity with Rule 3 (h) which reads in part: Seniority, Promotion and Bulletining of Positions. "(h) Temporary positions or vacancies of thirty (30) days or more, will be bulletined five (5) days and filled within ten (10) days from the date of bulletin, the successful applicant's position to be filled by advancing employes in such office according to their seniority if they so desire. When such changes conflict with the Hours of Service Law employes may advance by losing the time, the last position made vacant to be filled from the extra list, except no such position will be filled from the extra list for more than sixty (60) days without a temporary bulletin being issued." At the time Circular No. 68 was issued J. K. Briley was regularly assigned to second leverman position at Opelousas tower. He made application for the temporary vacancy at MK Yard and, having sufficient seniority, was appointed. This appointment was made in accordance with Rule 3 (h) as quoted above, and Rule 3 (d) which reads in part: “(d) Seniority will be effective when vacancies occur, new positions are created and as otherwise provided in these rules and will date from the last time of entering the service and will extend over each seniority district as shown herein in accordance with the district upon which employes are located." The appointment of Briley was confirmed by the Carrier in Circular No. 71 issued at De Quincy on March 16, 1949 as follows: "CIRCULAR NO. 71 J. K. Briley being the senior bidder to Circular 68, is assigned to the temporary vacancy MK Yard, 11:00 A. M. to 7:00 P. M. This is L. Fowler's regular job. E. N. Malone, The assignment of Briley to the temporary vacancy at MK Yard created a temporary vacancy at Opelousas on the second leverman position. This temporary vacancy was bulletined under date of March 16, 1949 as follows: "CIRCULAR NO. 74 Bids will be received for a period of five days for the following temporary vacancy: Location-Opelousas. Position-Leverman. Hours-5:00 P. M. to 1:00 A. M. This is J. K. Briley's regular job. E. N. Malone, At the time Circular No. 74 was issued R. C. Musgrove was holding the regular assignment to the position of first leverman at Opelousas. Under the provisions of the above quoted rules he made application for the position covering the temporary vacancy. He was assigned to the temporary vacancy on a bulletin issued at De Quincy on March 28th as follows: "CIRCULAR NO. 79 R. C. Musgrove being the senior bidder to Circular 74, is assigned to the temporary position Opelousas Tower 5:00 P. M. to 1:00 A. M. This is J. K. Briley's regular job. E. N. Malone, |