The Second Division consisted of the regular members and in
addition Referee J. Harvey Daly when award was rendered.
SYSTEM FEDERATION N0. 101, RAILWAY EMPLOYES'
DEPARTMENT, A. F. of L. - C. I. 0. (Carmen)
EMPLOYES' STATEMENT OF FACTS: The Great Northern Railway Company, hereinafter referred to as the carrier, maintains a freight car shop, repair track and inspection point at Superior, Wisconsin. Carmen William H. Eaton and Stephen Marcowka, hereinafter referred to as the claimants, were the oldest furloughed carmen when this time claim was filed.
In repairing freight cars, on the repair track, at Superior, Wisconsin, carmen helpers, working as car oilers and brassers, are assigned to perform all work incidental to, and the inspection of freight car journals, journal bearings and journal bearing wedges. This work consists of the dismantling of the freight car truck by placing jacks and blocking under the truck sides, jacking up the car, removing the journal bearing and wedge, and after the inspection has been completed, replacing the journal bearing and wedge and lowering the car to its running position. They also have, in their possession, a broaching machine which they operate when necessary to repair a brass. The cars on which this work is performed are interchange freight cars requiring periodic attention under the AAR Interchange Book of Rules.
Previous claims have been settled on the property and at this particular point with the local supervision ignoring these settlements.
This dispute was handled with all carrier officials designated to handle disputes.
5. The vague general language of Rule 83 does not cover the work in question, and Rules 82, 86 and 87 clearly indicate that the work of rebrassing freight cars may be assigned to helpers in accordance with past practice at Superior.
2. Even if the organization could show that the work in question was reserved exclusively to carmen mechanics, a local agreement exists concerning assignment of the work, and no evidence has been presented to show that the work is not being assigned in that manner.
For the foregoing reasons, the carrier respectfully requests that the claim of the organization 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.
Among the Carrier's extensive Car Department facilities at Superior, Wisconsin, are a Steel Car Heavy Repair Shop and Light Repair Track Shop.
The oldest furloughed Carmen at Superior were the Claimants, Carmen William H. Eaton and Stephen Marcowka.
The Organization contends that the Carrier violated Rule 83 of the controlling Labor Agreement when it assigned to Carmen Helpers-working as Oilers and Brassers -instead of to Carmen the work of inspecting journal brasses and wedges at .the Repair Track Shop.
The Carrier's principal contentions are that the claims are barred by Article V,of the August 21, 1954, National Agreement; and that not only does Rule 86 of the controlling Labor Agreement permit the assignment of the work in dispute to Carmen Helpers and Car Oilers and Brassers but also that Carmen Helpers have performed such work for over forty years.
The pertinent portion of Article V, Section 1 (c) of the August 21, 1954 Agreement reads as follows:
"(c) The requirements outlined in paragraphs (a) and (b), pertaining to appeal by the employe and decision by the Carrier, shall govern in appeals taken to each succeeding officer, except in cases of appeal from the decision of the highest officer designated by the Carrier to .handle such disputes. All claims or grievances involved in a decision by the highest designated officer shall be barred unless within 9 months from the date of said officer's decision proceedings are instituted by the employe or his duly authorized representative before the appropriate division bf the National Railroad Adjustment Board or a system, group or regional board of adjustment that has been agreed to by the parties hereto as provided in Section 3 Second of the Railway Labor Act. It is understood, however, that the parties may by agreement in any particular case extend the 9 months' period herein referred to." 4595-17 64