NATIONAL RAILROAD ADJUSTMENT BOARD
The Second Division consisted of the regular members and in
addition Referee Harry Abrahams when the award was rendered.
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 130, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)
THE BELT RAILWAY COMPANY OF CHICAGO
DISPUTE: CLAIM OF EMPLOYES:
1. That under the current agreement Supervisors of The Belt
Railway Company in the Clearing District, Chicago, Illinois, were
improperly assigned by the Carrier to perform work rightfully belonging to the craft and class of Carmen, i.e., performing duties as
checker on the Repair Tracks on Saturday and Sunday-while the
work was performed properly by carmen from Monday through Friday the balance of the week.
2. That, accordingly, the Carrier be ordered-
(a) To discontinue this practice of improperly and arbitrarily assigning Supervisors to perform this work on Saturday and Sunday (account of carmen being on relief days)
as it is a strict violation of the current working agreement in
effect on this property.
(b) To compensate the two Claimants hereinafter mentioned, for 8 hours each day listed at the time and one-half
rate of pay because of this violation. The two Claimants
were on their relief days and were available for work the
days in question:
Carman R. Rodeck -October 1, 2, 8, 9 and 16, 1955.
Carman M. Loescher-October 1, 2, 8, 9 and 15, 1955.
EMPLOYES' STATEMENT OF FACTS:
R. Rodeck and M. Loescher,
hereinafter referred to as the claimants, are employed by The Belt Railway
Company of Chicago, hereinafter referred to as the carrier, as carmen in the
Clearing District, Chicago, Illinois.
[6187
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623
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 parties to said dispute were given due notice of hearing thereon.
Claimants, Carmen, as part of their regular work from Monday through
Friday, performed Checkers' work which the employes stated consisted of
checking the work of car repairers to see that it is properly done, and that the
repaired cars are fit for service, writing billing repair cards, and handling
requisitions for material, and approving or billing repaired cars for service.
The carrier stated that checkers' work involved the writing up of billing repair
cards, defect cards, transfer and adjustment of lading bills, etc. When the
work in question was bulletined for periods in the car department by the
carrier on March 22, 1945 and May 31, 1950 and February 1, 1951, the said
position was described as follows:
"Combination Checker, Car Repairer and Inspector. Applicant
must be qualified to perform the following work. Repairing cars,
inspecting cars, coupling hose, checking repairs, handling requisitions
for material and writing billing repair cards, etc. Off Duty-Saturday
and Sunday."
On Saturdays and Sundays on the days set forth in the claim herein (the
claimants' day of rest), supervisors and foremen performed the work of
checkers.
In our Award 1825, which was followed in our Award 2273, we laid down
two principles applicable here. The principles were as follows:
"Work normally incident to a position may ordinarily be performed by the occupant thereof (but when from Monday through
Friday, it has been assigned to an performed by employes of another
class or craft the work belongs to that class or craft on rest days and
does not flow back to the position on such rest days so as to permit
the occupant of the position to perform it. ;
"When work is not the exclusive right of any one class or craft
carrier may have the employes of any class or craft perform it who
have a right thereto. However,t if carrier assigns it to employes of one
craft or class from Monday to Friday that class or craft has the right
to the same work if performed on Saturdays and Sundays and carrier
cannot assign it on those days to another class or craft."
The work of checker done by the claimants throughout their regular work
week from Monday through Friday was on their days of rest on the Saturdays
and Sundays alleged, done by the supervisors and foreman. The work of
checkers on said Saturdays and Sundays which was performed by carmen
through the work week belonged to the carmen when the said work was performed on Saturdays and Sundays.
2896-7
624
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Harry J. Sassaman
Executive Secretary
Dated at Chicago, Illinois, this 30th day of June, 1958.