Award No. 3803
Docket No. 3293
2-CMStP&P-CM '61
NATIONAL RAILROAD- ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee James P. Carey, Jr. when award was rendered.
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 76, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. - C. I. 0. (Carmen)
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD
COMPANY
DISPUTE: CLAIM OF EMPLOYES:
1. That under the current agreements, the Carrier improperly
upgraded Carman Helper Lawrence Green at Savanna, Illinois, to
perform the duties of a Carman on August 14 and 29, 1957.
2. That accordingly the Carrier be ordered to compensate
Carman Merle Cate at the applicable carman's rate of pay for eight
(8) hours for each of August 14 and 29, 1957.
EMPLOYE'S STATEMENT OF FACTS: On August 14 and 29, 195 7,
Carman Helper Lawrence Green held a regular assigned position as such on
the 12:00 Midnight to 8:00 A. M. shift Sunday through Thursday, with Friday
and Saturday as rest days at Savanna, Illinois.
Car Inspector R. G. Reitz, who held a regular assignment as such on the
4:00 P. M. to 12:00 Midnight shift at Savanna, Illinois, was absent from duty
on August 14, 1957.
Car Inspector O. Rogers, who held a regular assignment as such on the
12:00 Midnight to 8:00 A. M. shift at Savanna, Illinois, was absent from duty
on August 29, 1957.
Carman Helper Lawrence Green was upgraded to a temporary carman on
August 14 and 29, 1957, for no purpose other than to work the positions held
by Car Inspectors Reitz and Rogers on the days they were absent.
Carman Merle Cate, hereinafter referred to as the claimant, was regu-
larly assigned as a car inspector on the 12:00 Midnight to 8:00 A. M. shift
[551]
3803-8
55S
use to concern ourselves with the technical terminology of the
agreements.
AWARD
Claim denied."
In conclusion we submit the following:
1. The parties to dispute have heretofore, under the 1942 Emergency Agreement and under the June 4, 1953 National Agreement, recognized the carrier's right to advance or upgrade
carmen helpers to fill vacancies (temporary or permanent) on
carmen positions.
2. Article III of the June 4, 1953 National Agreement does not
contain the prohibitory construction which the employes now
allege or seek.
3. All rights of the carrier which it has not contracted away - and
it has not contracted away the right to advance or upgrade carmen helpers to fill either permanent or temporary vacancies on
positions of carmen - remain with it.
4. The evidence of record clearly and decisively supports the carrier's position in the instant dispute.
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 issues presented in this docket are the same as those involved in
Award No. 3802. For the reasons stated in that award this claim should be
sustained.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Harry J. Sassaman
Executive Secretary
Dated at Chicago, Illinois, this 27th day of June 1961.