Award No. 4366
Docket No. 4321
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee Joseph M. McDonald when award wasi rendered.
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 114, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. - C. I. O. (Machinists)
SOUTHERN PACIFIC COMPANY
(Pacific Lines)
DISPUTE: CLAIM OF EMPLOYES:
1. That the Carrier violated Rule 34(b) of the current controlling
agreement effective April 16, 1942 as subsequently amended, when
Machinist Lead Workmen H. Mershon, F. P. Felix, J. Piper, R.
Mesa, M. Maldonado and H. Wagner (hereinafter referred to as
claimants) were denied the applicable differential in rate of pay
as provided for in Rule 34(b), when required to work with, lead
and direct the work of Hostlers, who are members of the group
of employes under direction and leadership of claimants on their
respective shifts, for which service claimants have been denied
the differential rate of six (6) cents per hour above that paid
Hostlers, the highest rated employes claimants are required to
work with, lead and direct.
2. That accordingly, Carrier be ordered to additionally compensate
each claimant a differential of six (6) cents per hour above the
rate paid to Hostlers, for all time used as Lead Workmen commencing July 1, 1961, and for each and every date thereafter
until agreement violation is corrected.
EMPLOYES' STATEMENT OF FACTS: The primary facts which give
rise to this dispute are as follows:
Claimants are lead workmen regularly assigned to a five day workweek
of 8 hours per day, with regularly assigned work duties, consisting of working
with, leading and directing the work of other members of the group of employes, including Hostlers, on the various shifts at carrier's 22nd street diesel
servicing facility, Tucson, Arizona.
The record established clearly and definitely supports that hostlers are
members of the group, that claimants are assigned to work with, lead and
direct in performance of their duties as hostlers, and any argument to the
contrary cannot be upheld.
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reflected in the correspondence exchanged in the handling of this claim on
the property, the action here complained of has been the practice at the location here involved ever since that facility was opened in 1958, and is similar
to operations previously in effect at the former Tucson roundhouse for many
years prior to moving to the 22nd street diesel servicing facility, as well as
at other points on carrier's lines for years, antedating the effective date of
the current agreement.
CONCLUSION
Carrier asserts the instant claim is entirely lacking in agreement or other
support and requests that it 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.
Parties to said dispute waived right of appearance at hearing thereon.
Claimants are Machinist Lead Workmen at Carrier's 22nd St. Diesel
Servicing Facility at Tucson, Arizona.
Claimants allege a violation of Rule 34(b) of the Controlling Agreement,
and claim a six (6) cent differential rate per hour above the rate paid to
Hostlers whom they claim to be members of the group which they lead and
direct under the subject Rule.
Rule 34 reads as follows:
"(a) At shops-In small gangs a working mechanic may be
assigned, to work with, take the lead and direct the work of other
members of a gang in his craft and on his class of work. For such
service, he will be allowed the differential of six (6) cents per hour
above the highest rate, paid any employe he so directs but not less
than six (6) cents per hour above the highest rate applicable to the
work performed by the gang or himself.
"(b) At roundhouses and train yards-For small groups of employes a leading working mechanic may be assigned to work with,
take the lead and direct the work of other members of the group;
while so serving he will not perform the work of any craft other
than his own. For such service, he will be allowed a differential rate
of six (6) cents per hour above the highest paid employe he so directs
but not less than six (6) cents per hour above the highest rate applicable to the work performed by the gang or himself."
The question to be determined is whether Hostlers are to be considered
a part of the "small group of employes" which the leading working mechanic
leads and directs.
The Claimants contend that Rule 34(b) is to be distinguished from 34(a)
in that it is not confined to direction by lead workman in his own craft and
class of work. The distinction is valid and clear.
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Carrier contends that the Hostlers are not subject to the Controlling
Agreement in question here, and therefore the Hostlers compensation cannot
be used as a basis for the claimed differential, and further that the Hostlers are
not under the lead and direction of the lead Workmen Claimants.
While it is true that the Controlling Agreement does not cover the
Hostlers, there appears to be no valid reason why the fixing of the rate of
pay for Lead Workmen cannot be tied to the Hostlers' rate of pay, if in fact
they are a part of the group of employes which Lead Workmen lead and
direct.
This leaves the factual question to be determined on this record, and we
find that the Claimants have sustained their burden in establishing that in
the instant dispute the Hostlers were indeed a part of the small group of
employes which the lead workmen led and directed at this facility.
AWARD
Claim sustained. Claimants to be additionally compensated at the claimed
differential for all time used as Lead Workmen commencing July 1, 1961.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Harry J. Sassaman
Executive Secretary
Dated at Chicago, Illinois, this 20th day of
December, 1963.