Temporary Vacancy Not Allowed- Assigned Freight
The Claim:
Required Documentation:
Required Claim Language:
Claiming a basic day penalty account CMS Mishandling in restriction of my seniority. Was working the Circ-7 and Job I.D On (date) at (time) hrs. request to temp the (circ-7) (board-id) known vacancy of _____ days duration. I was the senior employee requesting to be placed on the temporary vacancy as per Rule 44. CMS improperly restricted my seniority and did not allow me to temp as required by agreement. Claiming a basic day for improper restriction of seniority.
- Rule 44 allows for senior man making application thereto to be placed upon the temporary vacancy in assigned freight service.
- The vacancy must be at least a 5 day duration, and must be covered by the extra board for a period of 5 days (for both conductor and brakeman vacancies) prior to the temp.
Required Documentation:
- A copy of the job history demonstrating the vacancy and its duration.
- Time of call to CMS requesting the temp.
Required Claim Language:
Claiming a basic day penalty account CMS Mishandling in restriction of my seniority. Was working the Circ-7 and Job I.D On (date) at (time) hrs. request to temp the (circ-7) (board-id) known vacancy of _____ days duration. I was the senior employee requesting to be placed on the temporary vacancy as per Rule 44. CMS improperly restricted my seniority and did not allow me to temp as required by agreement. Claiming a basic day for improper restriction of seniority.
Eastern District agreement
RULE 44
TEMPORARY VACANCIES--ASSIGNED FREIGHT SERVICE.
TEMPORARY VACANCIES--ASSIGNED FREIGHT SERVICE.
(a)
- All temporary vacancies in assigned freight service known to be of more than 5 days duration, or temporary vacancies that have been filled from the extra board for 5 days will be assigned to senior conductor or brakeman making application therefor.
- Extra conductors will not be assigned to temporary vacancy until after it has been filled as provided by Rule 43.
- Extra brakemen will not be assigned to temporary vacancies known to be of more than 5 days duration until the vacancy has been filled from the extra board for period of 5 days.
(b)
Extra conductor or brakeman assigned to a temporary vacancy in accordance with Section (a) of this rule, will remain on the vacancy until displaced through no fault of his own, unless he is senior applicant for vacancy occurring on another assignment.
Note: See Appendix "A" - Items 44, 44(a) and 44(b)
Extra conductor or brakeman assigned to a temporary vacancy in accordance with Section (a) of this rule, will remain on the vacancy until displaced through no fault of his own, unless he is senior applicant for vacancy occurring on another assignment.
Note: See Appendix "A" - Items 44, 44(a) and 44(b)
(c)
Regularly assigned conductor or brakeman assigned to a temporary vacancy may return to his regular assignment after expiration of six days notice to proper officer and will not thereafter be permitted to return to such vacancy.
Regularly assigned conductor or brakeman assigned to a temporary vacancy may return to his regular assignment after expiration of six days notice to proper officer and will not thereafter be permitted to return to such vacancy.
(d)
Extra conductors and brakemen will be used to fill assigned runs during period of bulletin and until regular men are assigned subject to provisions of Sections (a) and (b) of this rule and Rule 93(b).
Extra conductors and brakemen will be used to fill assigned runs during period of bulletin and until regular men are assigned subject to provisions of Sections (a) and (b) of this rule and Rule 93(b).
(e)
Not more than one deadhead movement in each direction will be paid in filling a temporary vacancy.
Note: See Appendix "A" - Items 18, 44(c), 44(c-1), 44(d), 44(e) and 44(f).
Not more than one deadhead movement in each direction will be paid in filling a temporary vacancy.
Note: See Appendix "A" - Items 18, 44(c), 44(c-1), 44(d), 44(e) and 44(f).
