AWARDS 60 - ESTABLISH SENIORITY UNDER 60 DAY RULE

Public Law Board No. 3042, Award 1 (Dolnick)

"FINDINGS: By reason of the Agreement entered into by and between the parties on September 25, 1981, and upon all of the evidence in the record, the Board finds that the parties are respectively employes and carrier under the Railway Labor Act, as amended, and that it has jurisdiction to decide the agreed question.

"Two switchmen were candidates for yardmaster positions. Candidate A had more switchman seniority than Candidate B. Because Candidate A, for whatever the reason, was unavailable when a yardmaster vacancy occurred, Candidate B was called and assigned. Candidate B completed his sixty (60) day test period before Candidate A. After Candidate B established his yardmaster seniority and while A was still a candidate because he had not completed sixty (60) actual working days as a Yardmaster, B was entitled to call for extra or regular yardmaster work ahead of Candidate A.

"Once Candidate A has completed the test period and has acquired Yardmaster seniority, he then has greater Yardmaster seniority than B and is, therefore, entitled to first call for extra or regular Yardmaster work ahead of B. That is the meaning and intent of Article 6, Section (c) and (f) of the Yardmasters' Agreement, quoted above in the question submitted to this Board.

"To be more specific, let us assume that Switchman A first performed Yardmaster service on July 1, 1981 and Switchman B first performed Yardmaster service on July 15, 1981. Let us further assume that A had a switchman seniority date of April 1, 1970 and B had a switchman seniority date of June 1, 1975 or vice versa. A candidate's switchman seniority date is irrelevant and is entitled to no consideration in a determination of a yardmaster's seniority rights. A yardmaster's seniority date is the `first day he performed yardmaster service' within the sixty (60) day test period. Had A and B first performed yardmaster service on the same date, then A would be entitled to first call during the sixty (60) day time period. That is the clear and unambiguous language in Article 6, Section (f) of the Agreement heretofore quoted.

"It follows that if within his sixty (60) day test period A is unavailable for an extra or regular yardmaster assignment and B, who is available, is called and assigned, the call and assignment of B is proper. If, thereafter, B has actually worked sixty (60) days as a yardmaster, he acquires Yardmaster seniority as of July 15, 1981. Before A completes his test period, B is entitled to call for extra or permanent Yardmaster service ahead of A because B has Yardmaster seniority and A does not.

"After A completes his sixty (60) day test period, he acquires Yardmaster seniority as of July 1, 1981. Thereafter he ranks ahead of B for extra or regular calls and assignments.

"Upon this record, the Board finds that a junior Yardmaster candidate who has completed his sixty (60) day test period before a senior Yardmaster candidate is entitled to be called for extra or regular Yardmaster work ahead of the senior Yardmaster candidate.

"The Board also finds that once the senior Yardmaster candidate completes his sixty (60) day test period he ranks ahead of the junior Yardmaster candidate.

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"In accordance with the Findings, the questions before the Board are answered as follows:

1. A junior candidate Yardmaster, who has completed his 60-day test period before a senior candidate Yardmaster, should be called for extra or regular Yardmaster work ahead of the senior candidate Yardmaster.

2. A senior candidate Yardmaster ranks ahead of the junior candidate Yardmaster as soon as he has completed his 60-day test period."