SYSTEM FEDERATION NO. 16, RAILWAY EMPLOYES'
DEPARTMENT, A. F. OF L. (CARMEN)
DISPUTE: CLAIM OF EMPLOYES: That carmen be assigned to wind car doors on all cars that are being serviced for loading and movement to destination through train yards at Bluefield and Portsmouth shops, instead of laborers.
EMPLOYES' STATEMENT OF FACTS: At Bluefield shop, in the transportation yard, one laborer is assigned to' each shift to wind car doors on freight cars. At Portsmouth shop there are two laborers assigned on each shift in the train yards to do the same thing; thus making a total of 9 laborers at Bluefield and Portsmouth shops * * * who only wind car doors the entire shift. The laborers carry with them a wrench and hammer and such other tools that are necessary to close car doors; they fill out shop cards and tack on side of such cars that on which they can not close doors, thereby shopping cars to shop track for repairs. At one time there were carmen assigned to this class of work along with their other duties. A few years later carmen were removed and carmen helpers assigned to it, and finally in the last six or seven years the helpers were taken off and laborers placed on the job. At both shops, Bluefield and Portsmouth, there are several carmen employed in the train yards working along with these laborers and are available at all times to do the door winding.
POSITION OF EMPLOYES: We contend that the winding of car doors and servicing cars thru train yards, thus preparing cars for loading purposes, where carmen are available, is work that should be performed by carmen and not by laborers. Referring to Rules 30, 31 and 81, current agreement. Rule 31, first paragraph reads as follows:
It will be noted in this rule that the only class of employes permitted to perform carmen's work or mechanic's work is the foremen at small points, where there are only a small group of mechanics. Laborers are not mentioned in any way in Rule 31 in being allowed to perform mechanic's work,
and securing doors on coal cars does not require skill. There is significant difference between the "preparation" of cars for transit requiring no skill whatever and the repairs and maintenance of those cars, requiring the skill of a craftsman (See Award 33-Second Division).
In letter of November 26, 1941, General Chairman Blackburn asserted that:
The carrier informs the Division that at Portsmouth cars are classified over a hump equipped with car retarders. Occasionally cars will bump together hard enough to unlatch the doors. As a result coal rolls out onto the tracks. Section laborers are called to shovel the coal away from the doors and along with the laborers described above, the doors are closed and latched sufficiently for delivery to the shop track or securely to continue on to destination. No repairs are made by these section laborers.
The Division, in Award 32, found that the closing and securing of car doors could be performed by various classes of employes, including carmen, in the regular course of their duties.
FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over. the dispute involved herein. ,
The claim simply is: That "carmen be assigned to wind car doors * * * " This Division, in Award Nos. 32 and 33 has, in effect, held that the winding of car doors does not require the service of a skilled mechanic. There is a sharp dispute in the record as to whether laborers, incident to winding car doors, assumed functions of inspectors. The Division will not decide this issue because it is not presented by the claim as made.