Award No. 2920
Docket No. 2686
2-T&P-MA-'58
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee James P. Kiernan when the award was rendered.
PARTIES TO DISPUTE
SYSTEM FEDERATION NO. 121, RAILWAY EMPLOYES'
DEPARTMENT, AFL (Machinists)
TEXAS AND PACIFIC RAILWAY COMPANY
TEXAS PACIFIC-MISSOURI PACIFIC TERMINAL RAILROAD
OF NEW ORLEANS
DISPUTE: CLAIM OF EMPLOYES:
1. That at Marshall, Texas the carrier violated Rule 37 when
they refused Machinist A. B. O'Connor his rights to displace Machinist E. E. Cayard, Sr. after having abolished O'Connor's job.
2. That the carrier be ordered to comply with the provisions of
the rule and that O'Connor be permitted to displace Cayard as he had
requested.
EMPLOYES, STATEMENT OF FACTS:
Machinist A. B. O'Connor's job
in Reclamation Plant was abolished on February 25, 1957. He made written
request to displace Machinist E. E. Cayard, Sr., off of lathe job in machine
shop, mechanical department. He was not allowed displacement rights as
provided for under Rule 37 of our current agreement and is presently performing other jobs in the machine shop assigned to him by his foreman. The
seniority rosters in the reclamation plant and the mechanical department
were consolidated as of May 15, 1948 and the mechanics of the respective
crafts, including the machinists, hold common seniority therein.
An identical case and claim was handled on this same property in 1941
and the contentions of the employes were sustained by this Division without
the assistance of a referee, (see Award No. 714-Docket No. 731, National
Railroad Adjustment Board, Second Division.
The agreement, effective September 1, 1949, as subsequently amended, is
controlling.
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(b) At points or on shifts where no inspector is assigned and
machinists are required to inspect engines and swear to Federal reports, they will be paid six cents (60) per hour above the machinists'
minimum rate for performing work as classified in Rule 39-a, at the
point employed for the days on which such inspections are made.
(c) Autogenous welders shall receive six cents (6Sf) per hour
above the minimum rate paid mechanics performing work as classified in Rule 39-a, at the point employed.
(d) Diemakers and toolmakers shall receive eight and fourtenths cents (8.4¢) per hour above the minimum rate paid mechanics
performing work as classified in Rule 39-a, at the point employed.
(e) Locomotive valve setter (classified repairs) shall receive
eight and four-tenths cents (8.4¢,) per hour above the minimum rate
paid mechanics performing work as classified in Rule 39-a, at the
point employed.
(f) Laying out shoes and wedges (classified repairs) shall receive eight and four-tenths cents (8.4¢) per hour above the minimum
rate paid mechanics performing work as classified in Rule 39-a, at the
point employed.
(g) Driving axle and crank pin lathes shall receive six cents
(6¢) per hour above the minimum rate paid mechanics performing
work as classified in Rule 39-a, at point employed.
(h) Locomotive inspectors not required to make Federal Affidavit shall receive two and four-tenths cents (2.4¢) per hour above the
minimum rate paid mechanics performing work as classified in Rule
39-a, at the point employed.
It is understood that these employes receiving differentials axe
assigned to the above work."
The carrier incorporates here by reference its submission in Docket 1758,
resulting in Award 1904 by the Second Division of the National Railroad Adjustment Board, and requests the Board to dismiss or deny this claim because
neither the agreement nor the Railway Labor Act furnishes any basis for
.sustaining it.
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.
On September 10, 1956, Bulletin No. 10 was posted reading as follows:
"Bids will be received in this office, closing 12:00 Noon on Sep-
tember 15th, 1956, on the following position-
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One (1) Machinist in the Machine Shop.
Hours of assignment 7 A.M. to 12 Noon 1 P.M. to 4 P.M. Mondays thru Fridays, rest days on Saturdays and Sundays.
Vacancy-
Rate of pay above position-2.1780"
Machinist Cayard was assigned and held the assignment until he was
displaced by claimant. Claimant wrote the following letter to M. A. O'Connor,
Tool Supervisor, and to Leo Schols, Chairman shop committee:
"This is to advise that due to my position being abolished in the
Reclamation Plant as per bulletin expiring this date, I wish to place
myself on position now occupied by Machinist E. E. Cayard, in
accordance with my seniority."
Claimant was so assigned and Cayard exercised his seniority by placing
himself on a temporary vacancy in the same shop. Cayard now holds a temporary assignment and claimant holds the permanent assignment formerly
held by Cayard, by reason of Cayard's successful bid on Bulletin No. 10.
Bulletin No. 10 was a request for bids for "Machinist in Machine Shop"
nothing more. We are unable to find that claimant was or is entitled to any
special machinist work by reason of holding an assignment advertised in
Bulletin No. 10.
The Texas Pacific-Missouri Pacific Terminal Railroad of New Orleans filed
a separate submission requesting they be dismissed for the reason they do not
operate at Marshall, Texas, and have no employes subject to the jurisdiction
of this Board at Marshall, Texas. Claimant did not challenge or offer any
rebuttal to this statement.
AWARD
Texas Pacific-Missouri Pacific Terminal Railroad of New Orleans is dismissed from this proceeding.
Claim against the Texas and Pacific Railway Company denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Harry J. Sassaman
Executive Secretary
Dated at Chicago, Illinois, this 30th day of July, 1958.
DISSENT OF LABOR MEMBERS TO AWARD NO. 2920.
This Division interpretated Rule 37 of the current agreement with Memorandum being a part of said rule in Award No. 714 made without the assistance
of a referee, when we said:
"Under the provisions of Memorandum of Agreement dated April
16, 1940, amending Rule 37, employes whose assignments are disturbed may place themselves in line with their seniority.
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S. D. Young's assignment was disturbed and he should have been
permitted to place himself on position of his choice under this Memorandum of Agreement."
Award No. 2920 is in error since the agreement requires the carrier to
grant the request of Machinist O'Connor to place himself on a position of his
choice when his assignment is disturbed.
Is/
James B. Zink
/s/ R. W. Blake
/sl Charles E. Goodlin
Is/
T. E. Losey
/s/ Edward W. Wiesner