The Second Division consisted of the regular members and in
addition Referee Lloyd H. Bailer when award was rendered.
SYSTEM FEDERATION NO. 91, RAILWAY EMPLOYES'
DEPARTMENT, A.F.L.-C.I.O. (Carmen)
DISPUTE: CLAIM OF EMPLOYES: 1-That under the terms of the agreement the rights of carmen helpers to perform helpers work were unjustly destroyed and they supplanted by carmen on April 7, 1958 at West Nashville, Nashville, Tennessee and subsequent thereto in the performance of such work.
2-That accordingly the Carrier we ordered to restore carmen helpers to the position and compensate those furloughed for 8 hours each day carmen perform oiler and other helper duties subsequent to the aforesaid date.
EMPLOYES' STATEMENT OF FACTS: On April 3, 1958 bulletin board notice, File 496, was placed on bulletin board furloughing 26 carmen helpers at their West Nashville facilities effective at the close of their shift on April 7, 1958. It will be noted that this notice bears a date of April 3, 1956 which was apparently a typographical error.
Subsequent to the close of the shift of each of the carmen helpers listed in the bulletin carmen were assigned to perform all carmen helpers duties at West Nashville, Tennessee and have continued to perform such carmen helpers duties until the present.
This dispute has been handled with the carrier up to and including the highest officer designated by the company to handle such disputes without the desired results being obtained.
POSITION OF EMPLOYES: It is submitted that under the terms of Rule 106, reading, in part-
In its interpretation of P&LE Rule 28 (which is practically identical to L&N Rule 106), it was the Findings of the Second Division, National Railroad Adjustment Board, that the P&LE Railroad Company and The Lake Erie Eastern Railroad Company had not violated the agreement in assigning the work of "oiling and packing" to carmen.
Carrier asserts that employes have recognized the established practice in effect on its property - at certain locations - for many years of having carmen perform the work of car oiling and other helpers' duties; and thus, by their acquiescence without protest, acknowledge that mechanics may perform any of the duties assigned to helpers. In these circumstances, there is no merit to the claim and it should, therefore, be denied.
The stuation involved here is the same as that before the Division covered by Docket No. 3060 L&N-CM.
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.
We agree that Award 3263 arose under the instant agreement between the same parties as here involved, however, as pointed out in the dissent to Award 3263 the awards there followed did not involve the governing agreement and therefore were not in point. The Arbitration Case cited (The Pennsylvania Railroad Company vs. United Railroad Workers Division, Transport Workers Union of America, AFL-CIO) was determined by the author of the instant award and, while it may be flattering to the author to have it cited, it likewise had no bearing on the dispute involved in Award 3263.
Rule 26(a) of the controlling agreement prescribes that "When it becomes necessary to reduce expenses, the force at any point or in any department shall be reduced, seniority as per Rule 29 to govern * * *" If the carrier desired to make a change in this agreement rule it should have served notice showing the proposed change and handled same in accordance with the requirements of the Railway Labor Act, but the carrier did not observe the right of the representatives of the whole unit to be notified and dealt with concerning a matter which not only destroys rights of the instant claimants but may provide a leverage for taking away other advantages of the collective agreement. (Order of Railroad Telegraphers v. Railway Express Agency, 64 Sup. Court Rep. 582)
We realize that it takes very little time and no effort to simply state that a previous award governs, however the purpose of calling in a neutral is to have each case decided on its merits under the governing agreement. An award of this Board that ignores the collective bargaining agreement between the parties to any dispute is not valid regardless of the number of previous awards cited. The agreement requires that the claimants be made whole. To not do so makes a mockery of the collective bargaining processes under the Railway Labor Act.