The Second Division consisted of the regular members and in
addition Referee Mortimer Stone when the Award was rendered.
RAILROAD DIVISION, TRANSPORT WORKERS UNION
OF AMERICA, A. F. & L. - C.I.O.
THE PITTSBURGH & LAKE ERIE RAILROAD COMPANY
and
THE LAKE ERIE & EASTERN RAILROAD COMPANY
DISPUTE: CLAIM OF EMPLOYES: The management and the organization negotiated an extra board rule. The organization feels that this rule is now being violated.
On January 4 and 6, 1958 regular men were absent from work for some reason or another. The Carrier blanked the jobs on these days.
The Organization takes the stand that Rule 48 (c)-1 is being violated as the extra board was created for this reason.
For this reason the Organization requests that Mr. Bacha, extra car inspector, be compensated eight (8) hours for Jan. 4 and eight (8) hours for Jan. 6, 1958 for not being called to fill position of regular employe off on these days.
EMPLOYES' STATEMENT OF FACTS: That this case is from Youngstown, Ohio and is known as Case Y-84.
That Mr. Bacha is an extra car inspector and was available for work on the days that the regular employes were off.
That the Organization does have a rule, the rule is Rule 48 `Extra Boards' and this rule leas violated when the Carrier blanked the job of the employe that was off on Jan. 4 and Jan. 6, 1958.
The Railroad Division, Transport Workers Union of America, AFL-CIO does have a bargaining agreement, effective May 1, 1948 and revised March
See also Awards 934 and 792 of the Third Division, National Railroad Adjustment Board.
The carrier has conclusively shown that there was no necessity for filling the car inspector vacancy either on January 4 or 6, 1958, days on which the regularly assigned car inspector laid off of his own accord. The carrier has also shown that there was no violation of the carmen's agreement when this position was blanked. Conversely, awards of the National Railroad Adjustment Board have established that it is permissible for a carrier to refrain from filling vacancies such as those in question in this case.
Several awards of the National Railroad Adjustment Board have been cited in support of the carrier's position.
The carrier, therefore, respectfully submits that the claims are entirely devoid of merit and earnestly requests that same be denied.
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 hereto agreed upon an Extra Board Rule, numbered 48, which provided in applicable part:
On the dates involved a regularly assigned car inspector reported off duty and carrier blanked the position on determining that there would not be sufficient work to warrant the use of an extra man.
The evident purpose of Rule 48 was to prescribe when employes from the extra board should be used instead of other employes,-not to restrict carrier in its right to blank positions when there was no need for them to be filled. This same issue was decided in well reasoned Award No. 3339 of this Division.