Award No. 3244
Docket No. 2920
2-AT&SF-CM-'59
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee Roscoe G. Hornbeck when award was rendered.
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 97, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. I. O. (Carmen)
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
-Western Lines-
DISPUTE: CLAIM OF EMPLOYES:
1. That under the current agreement, Carmen R. Shofner, C. A.
Frost, R. C. Struble and C. Gilliland were denied their rights to work
overtime on June 8, 1956, in connection with rerailing cars at
Braman, Oklahoma, and at Hunnewell, Kansas.
2. That accordingly the Carrier be ordered to additionally compensate these employes at the time and one-half rate of pay for the
same amount of hours that four (4) carmen were compensated who
performed the work.
EMPLOYES' STATEMENT OF FACTS: Carmen R. Shofner and C. A.
Frost, hereinafter referred to as the claimants, are regularly employed, bulletined and assigned as car inspectors at Wellington, Kansas, by The Atchison,
Topeka and Santa Fe Railway Company, hereinafter referred to as the carrier,
working hours of 12:00 Midnight to 8 :00 A. M., work weeks of Friday through
Tuesday, rest days of Wednesday and Thursday.
Carmen R. C. Struble and C. Gilliland, hereinafter referred to as claimants, are regularly employed, bulletined and assigned as car inspectors at
Wellington, Kansas, by The Atchison, Topeka and Santa Fe Railway Company,
hereinafter referred to as the carrier, working hours of 4:00 P. M. to 12:00
Midnight, however, Car Inspector Struble has the work week of Saturday
through Wednesday, rest days of Thursday and Friday, and Car Inspector
Gilliland has the work week of Tuesday through Saturday, rest days of Sunday
and Monday.
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In conclusion, carrier asserts that-
1. Overtime resulting from emergency road service is not overtime coming under the provision of Rule 10(b). (Award No. 1819.)
2. Rule 10(b) is a rule providing for the distribution of overtime work among the qualified employes of each shift, by crafts, as it
arises in connection with work regularly assigned to each shift at the
point involved.
3. Emergency road service is not regularly assigned to any
particular group of employes on any particular shift.
4. Items 1 and 2 of the "understanding" (carrier's Exhibit A),
referred to by the employes as being violated, are nothing more than
an explanation of the handling to be given in distributing overtime
within the car department at Wellington, Kansas and are not applicable to emergency road service. Item 4 of the "understanding"
covers and specifically provides that "regardless of the amount of
overtime an assigned regular wrecking crew member will be called
when wrecker is called." Here as in the case of Awards 1909 and
2627 the wrecker was not called, but the Board ruled it was nevertheless wrecking service.
5. The second paragraph of the "Memorandum of Agreement"
(carrier's Exhibits B and C), referred to by the employes as being
violated, is not applicable to overtime resulting from emergency road
service, such as in this dispute. Its meaning and intent was to distribute overtime worked resulting from derailments within the Wellington, Kansas yard limits.
Carrier asserts that the employes' claim in this dispute is entirely without
support of the agreement rules and should be denied in its entirety.
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.
Parties to said dispute were given due notice of hearing thereon.
The carrier, as it had the right and obligation to do, determined that the
wreck causing derailment and needed repairs, called the regularly assigned
wrecking crew with no additional crew men and without derrick or other outfit.
Rule 108 (b) of the agreement then in mandatory terms defined of whom
this crew should consist * * * "the regularly assigned crew will accompany the
outfit", it also contemplated that overtime might accrue and made provision
for its payment. (Rule 9(e).)
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Rule 10 (b) of the supplemental agreement effective April 12, 1956, which
we hold to be binding on the parties, must be read in connection and reconciled with Rule 108 (b) and cannot operate in the situation therein covered.
If 10 (b) were the sole and controlling rule we may not disregard that part
which reads "qualification of the employe to do the work to govern."
With no reflection on the ability of claimants, it is obvious that members
of a regularly assigned wrecking crew would have superior qualifications to do
the exacting and specialized work required in the emergency created by the
wreck.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Harry J. Sassaman
Executive Secretary
Dated at Chicago, Illinois,
this 23rd day of June 1959.