Award No. 4590
Docket No. 4415
NATIONAL RAILROAD ADJUSTMENT BOARD
The Second Division consisted of the regular members and in
addition Referee J. Harvey Daly when award was rendered.
PARTIES TO DISPUTE:
SYSTEM FEDERATION NO. 101, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L.-C. I. 0. (Carmen)
GREAT NORTHERN RAILWAY COMPANY
DISPUTE: CLAIM OF EMPLOYES: 1. That under the current agreement
the Carrier improperly assigned other than Carmen to inspect cars in its
St. Cloud, Minnesota Train Yards on January 3, 4, 26 and February 2, and 6,
1962, and
2. That accordingly the Carrier be ordered to additionally compensate
Carman Sylvester Weiman four (4) hours for each of the aforesaid dates at
the applicable Carmen's rate account the aforesaid violation.
EMPLOYES' STATEMENT OF FACTS: The Great Northern Railway
Co., hereinafter referred to as the carrier, regularly employs Carmen at St.
Cloud, Minnesota in its facility known as St. Cloud Shops. Carman Sylvester
Weiman, hereinafter referred to as the claimant, is regularly employed and
assigned by carrier as a carman in its St. Cloud Shops.
Prior to December 31, 1957, carrier regularly employed carmen at St.
Cloud, Minnesota in its facility known as St. Cloud inspection yard and repair track who held seniority on a seniority roster known as St. Cloud inspection yards and repair track forces, which for seniority purposes is separate and apart from the St. Cloud Shops. Effective December 31, 1957 carrier
furloughed all carmen working in the St. Cloud inspection yards and repair
track holding seniority on the St. Cloud inspection yards and repair track
forces' seniority roster.
Since the furlough of the yard forces, carrier maintains a small repair
track within the confines of St. Cloud Shops to repair cars bad ordered at St.
Cloud. On January 3, 4, 26 and February 2 and 6, 1962 carrier's St. Cloud
Shop Foreman Al Feddema inspected freight cars in the St. Cloud train yard,
bad ordering cars FGEX 59480, GN 32250, GN 76447, UTLX 71645, MORX
1880 and GATX 17259 for such defects as off center, doors, couplers, trucks, etc.
This dispute has been handled with all officers of the carrier designated
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May 4, 1958, since no Mechanics were employed there, the application of the rule, whereby foremen may engage in Mechanic's duties
has been broadened beyond rational concept.
While there is some conflict in the evidence with respect to the
nature and extent of the work performed at Jackson Street Roundhouse after May 4, 1958, we are convinced that the position of the
carrier is fully sustained. That since May 4, 1958 the general Mechanical Maintenance and repairs work, which was foremerly performed
by the furloughed employes at Jackson Street Roundhouse, is being
performed by the appropriate class and craft at the Carrier's Minneapolis Junction Roundhouse. Thus no agreement rule or rules between carrier and the Machinists organization were violated."
Similar claims on other carriers have been denied by this board in
Awards 2643, 2916, 295'9 and 3304, and the right of foremen to perform
mechanics' work where no mechanics were employed was upheld.
THE CLAIM OF THE ORGANIZATION, THEREFORE,
IS WITHOUT MERIT FOR THE FOLLOWING REASONS:
1. It is the fundamental right of the carrier to assign the work in question in whatever manner is necessary or desirable, unless the power to make
such decisions has been limited by law or by some clear and unmistakable
language in a collective bargaining agreement.
2. The organization bears the burden of proving that it has secured the
exclusive right to inspect and bad order freight cars at. the St. Cloud train
yard by clear and unambiguous contractual language.
3. The only contractual language cited by the organization to support its
demands is contained in Rules 42(5) and 83.
4. Rule 83 merely defines carman's work and does not specify who may
perform it.
5. Rule 42(b) allows foremen to perform work in the proper exercise
of their supervisory duties, and this board has recognized in previous awards
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that inspection of equipment is such work.
6. Even if the work involved in this case were ordinarily reserved exclusively to carman mechanics, Rule 42(5) specifically allows a working foreman to perform such work at a point such as St. Cloud train yard where no
mechanics are presently employed, in accordance with Awards 3270 and 3711
on this property, and others.
7. Even if this board found a violation of some rule or agreement in this
case, there is no basis for the penalty demanded by the Organization.
For the foregoing reasons, the carrier respectfully requests that the
claims of the employes 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 dis-
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876
pute 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.
In this case the facts, rules, submissions and evidence are essentially the
same as in Award No. 4589.
The Parties agree that a like Award should be rendered in both cases, in
keeping with the reasons set forth in Award No. 4589 this claim must be
denied.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of SECOND DIVISION
ATTEST: Harry J. Sassaman
Executive Secretary
Dated at Chicago, Illinois, this 30th day of October, 1964.
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