The Second Division consisted of the regular members and in
addition Referee Howard Johnson when the award was rendered.
SYSTEM FEDERATION No. 40, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. I. O. (Carmen)
NORFOLK AND WESTERN RAILWAY COMPANY
(Virginian Railway Company)
EMPLOYES' STATEMENT OF FACTS: At Victoria, Virginia, the carrier maintains a force of some 6 carmen and 4 helpers on the car yard 5 days per week, Monday through Friday.
On March 7, 1958, the helpers on the shop track were sent to the transporation yard to pack and oil the journal boxes on an incoming train, which left no helpers on the shop track, during the time the helpers were on the transporation yard there were two cars repaired on the shop track, VGN 11108 and GATX 53688; the work .on these two cars required that the journal boxes be packed and oiled. Mr. Shattaker, car foreman, instructed Carmen Rist and Crenshaw to pack and oil these journal boxes. This work of packing and oiling of journal boxes has for many years been performed by the carmen helpers.
Carman Helpers H. G. Anderson and R. D. Slaughter, hereinafter referred to as the claimants, were available to have performed the work had they been permitted to do so.
years without any claims being filed therefor, we believe, sustains the carrier's position.
The employes in this case, in effect, are asking that a new rule be written which would provide that packing and oiling journal boxes is exclusive work of carmen helpers. To sustain the employes would mean that the carrier would have to establish positions of carmen helpers to perform work that carmen have heretofore performed for many years.
In Second Division Award 1764 (Referee Carter) the question here involved was not an issue but the following statement in the Board's findings is indicative of the generally accepted understanding that the servicing of journal boxes is not the exclusive work of carmen helpers.
It is evident from Part 1 of the employes' statement of claim that this dispute in all essential points is the same as decided by Second Division Award 1380 and by the Board of Arbitration, dated March 1, 1957, in the dispute on the Pennsylvania Railroad. There are no essential differences in the factual situation here involved, nor are there any substantial differences in the schedule agreement rules to warrant this Division to depart from the conclusions reached in Award 1380 or by the Board of Arbitration.
FINDINGS: The Second Division of the Adjustment Board, based 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.
This claim involves the same parties and Rules as in Award No. 3643, and essentially the same facts, except that here the packing and oiling of journal boxes were incidental to repairs performed by Carmen. We therefore find Awards 3261, 3263, 3495, 3508, 3509, 3510 and 3511 controlling precedents.
It is most unfortunate when findings are based solely on awards in disregard of the governing agreement. None of the awards cited by the majority involve the present carrier or the controlling agreement. Furthermore, they are erroneous awards - as pointed out in a dissent in each instance.
The controlling agreement between the Virginian Railway and System Federation No. 40, negotiated pursuant to the Railway Labor Act, prescribes that "These general and special rules and rates of pay effective January 1, 1943, are to remain in force until revised in accordance with the provisions of the Railway Labor Act." (See Rule 132.) Carmen's Special Rule 112 expressly states that "car oilers and packers . . . shall be classed as helpers." This being the case it is evident that car oiling and packing is carmen helpers' work. Strict adherence to the terms of the agreement is the only way in which an employe's rights can be protected. One of the most fundamental of these rights is seniority and as long as the rules of the existing agreement continue in effect it is the duty of the Board to see that the rules involving such rights are enforced.